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R.Markesan v. The Assistant Director of Mines and Minerals

Madras HC29 Aug 2019WP/25612/2019

Case brief

AI extract

What is this about?

This court granted a writ of mandamus directing respondents to release the petitioner's vehicle seized for alleged illegal red soil transportation. The release was conditional upon a monetary deposit, execution of a bond, and an undertaking against future illegal activities.

What did the court decide?

Release of the lorry within 7 days after deposit of Rs.10,000, execution of a bond, and giving an undertaking not to use the vehicle for illegal activities.

R.Markesan Vs The Assistant Director of Mines and… — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 29.08.2019

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBBIAH

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and

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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Writ Petition No.25612 of 2019

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R. Markesan ...Petitioner

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1.The Assistant Director of Mines & Minerals, Krishnagiri, Krishnagiri District.

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The Tahsildhar, Krishngiri Taluk, Krishnagiri 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 the respondents to immediately release the petitioner's Ashok Leyland Lorry bearing Registration No. KA-51-9709, which was seized by the 1^st respondent on 16.07.2019 and at present in the custody of the 2^nd respondent.

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For Petitioner : Mr.J. Bharathiraja For Respondents: Mr.V. Shanmuga Sundar Special Government Pleader

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[Order was delivered by R.SUBBIAH,J]

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The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the respondents to release the petitioner's Ashok Leyland Lorry bearing Registration No. KA-51-9709, which was seized by the 1^st respondent on 16.07.2019 and at present in the custody of the 2^nd respondent.

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Heard learned counsel for the petitioner and learned Special Government Pleader for the respondents.

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

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According to the petitioner, the respondents have seized the vehicle in question on 16.07.2019 on the ground of illegal carrying of red soil 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 Special Government Pleader for the respondents that the vehicle in question was used for illegal transportation of mines and minerals like red soil and hence, the vehicle was seized. He further submitted that the petitioner is 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)The petitioner shall deposit a sum of Rs.10,000/- (Rupees ten 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)The 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)The petitioner shall give an undertaking before the respondents/authority concerned stating that he will not use the vehicle in question for any 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) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned.

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(v) The petitioner is also directed to participate in the enquiry to be conducted by the respondents.

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

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With the above observations and directions, this Writ Petition is disposed of. No costs.

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Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
smn
To
1.The Assistant Director of Mines & Minerals,
Krishnagiri, Krishnagiri District.
2. The Tahsildhar,
Krishngiri Taluk, Krishnagiri District.
+1cc to Mr.J. Bharathiraja, Advocate sr.74336
Writ Petition No.25612 of 2019
nr 30/08/2019

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

R.Markesan v. The Assistant Director of Mines and Minerals

Case brief

What is this about?

What did the court decide?

R.Markesan v. The Assistant Director of Mines and Minerals

Case brief

What is this about?

What did the court decide?

What the court decided

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