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A.Dhanapal v. The Assistant Director

Madras HC28 Aug 2019WP/25036/2019

Case brief

AI extract

What is this about?

The High Court granted a Writ of Mandamus directing respondents to release the petitioner's lorry seized for illegal river sand transport within seven days, subject to conditions including monetary deposits, a personal bond, an undertaking against future illegal use, non-alienation of the vehicle, and participation in the ongoing enquiry.

What did the court decide?

Release of the lorry within 7 days upon deposit of Rs.50,000, execution of Rs.10,000 bond with sureties, and furnishing of undertaking regarding future use and non-alienation.

A.Dhanapal Vs The Assistant Director — Constitutional and Fundamental Rights | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28.08.2019

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN

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Writ Petition No.25036 of 2019
A.Dhanapal
S/o.Arumugam ...Petitioner
Vs
1.The Assistant Director,
O/o.Assistant Director,
Mines and Geology,
Namakkal, Namakkal District.
2.The Tahsildar,
O/o.Tahsildar Office,
Mohanur, Namakkal District.
3.State represented by
The Inspector of Police,
Mohanur Police Station,
Namakkal District. ... Respondents

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Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 1 and 2 to release the petitioner's vehicle viz., Tipper Lorry bearing Registration No.TN-28-AJ-9632, which is in the custody of third respondent.

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For Petitioner : Mr.W.Camyles Gandhi For Respondents: Mr.K.S.Suresh Government Advocate ***** O R D E R [Order was made by R.SUBBIAH,J]

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Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus directing respondents 1 and 2 to release the petitioner's vehicle viz., Tipper Lorry bearing Registration No.TN-28-AJ-9632, which is in the custody of third respondent.

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Heard learned counsel for petitioner and learned

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https://hcservices.ecourts.gov.in/hcservices/

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Government Advocate for respondents.

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According to petitioner, respondents have seized the vehicle in question on 14.06.2019 on the ground of illegal carrying of River Sand and till date, no order for release of the said vehicle had been passed by the respondents. Hence, he has come forward with the present Writ Petition.

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On the other hand, it is submitted by learned Government Advocate for respondents that the vehicle in question was used for illegal transportation of mines and minerals like River Sand and hence, the vehicle was seized. He would further submit that petitioner has no previous case.

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In any event, as the vehicle is under the custody of the respondents from the date of seizure and considering the fact that if the same is allowed to be kept idle by exposing the same to rain and shine, it would certainly diminish their value, this Court is of the view that the vehicle in question may be released by imposing conditions on the petitioner.

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Accordingly, the respondents are directed to release the vehicle in question to the petitioner within a period of 7 days from the date of compliance of the below mentioned condition Nos.(i) to (iii):

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(i)Petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) before the jurisdictional Tahsildar concerned as non-refundable deposit. After receipt of the above said amount, the same will have to be deposited by the jurisdictional Tahsildar concerned, to the credit of the District Mines and Minerals Foundation Trust as non-refundable deposit.

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(ii)Petitioner shall execute a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the concerned jurisdictional Judicial Magistrate.

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(iii)Petitioner shall give an undertaking before the respondents/authority concerned stating that he will not use the vehicle in question for any

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illegal activities in future and shall produce the same as and when required by the respondents and also the trial Court, failing which the respondents/trial Court is/are at liberty to confiscate the vehicle.

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(iv)Petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned.

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(v)Petitioner is also directed to participate in the enquiry to be conducted by the respondents. With the above observations and directions, this Writ

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https://hcservices.ecourts.gov.in/hcservices/

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Petition is disposed of. No costs.

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Sd/Assistant Registrar

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//True Copy//

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Sub Assistant Registrar

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gm
To
1.The Assistant Director,
O/o.Assistant Director,
Mines and Geology, Namakkal, Namakkal District.
2.The Tahsildar,
O/o.Tahsildar Office, Mohanur, Namakkal District.
3.The Inspector of Police,
Mohanur Police Station,
Namakkal District.
+1 cc to M/s.W.Camyles Gandhi Advocate sr74145
+1 cc to the Government Pleader sr75605
Writ Petition No.25036 of 2019
aa09/09/2019

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https://hcservices.ecourts.gov.in/hcservices/

A.Dhanapal v. The Assistant Director

Case brief

What is this about?

What did the court decide?

A.Dhanapal v. The Assistant Director

Case brief

What is this about?

What did the court decide?

What the court decided

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