Allowed

P.M.Soundararajan, v. The Revenue Divisional Officer

Madras HC6 Mar 2019WP/4636/2019

Case brief

AI extract

What is this about?

This Court issued a Writ of Mandamus directing the Revenue Divisional Officer to release a seized tractor-trailer within seven days, subject to conditions including a security deposit, personal bond, undertaking against illegal use, and participation in the ongoing enquiry.

What did the court decide?

Released the seized tractor-trailer within 7 days subject to deposit of Rs. 10,000, execution of bond, and undertaking for inquiry participation.

P.M.Soundararajan, Vs The Revenue Divisional Officer — Motor Accident Claims | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.03.2019

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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 KRISHNAN RAMASAMY

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Writ Petition No.4636 of 2019

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P.M.Soundararajan S/o.P.G.Madhava Naidu ...Petitioner

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The Revenue Divisional Officer, Ranipet, Vellore District. ... Respondent

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Prayer: Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to release the Tractor with Trailer bearing Registration No.TN-23-AX-4194 seized by the Thasildar, Arcot Taluk, Arcot, Vellore District, on 19.09.2018 to the petitioner.

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For Petitioner : Mr.C.Prakasam For Respondents: Mr.D.Raghu Government Advocate O R D E R [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 respondent to release the petitioner's Tractor with Trailer bearing Registration No.TN-23-AX-4194.

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Heard learned counsel for the petitioner and learned Government Advocate for the respondent.

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According to the petitioner, the respondent has seized the vehicle in question on 19.09.2018 on the ground of illegal carrying of rubbish and till date, no order for release of the said vehicle had been passed by the respondent. 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 the respondent that the vehicle in question was

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

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used for illegal transportation of mines and minerals like rubbish and hence, the vehicle was seized. He further submitted that the petitioner has no previous case.

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In any event, as the vehicle is under the custody of the respondent 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 respondent is directed to release the vehicle in question to the petitioner within a period of 7 days from the date of

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

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Sd/Assistant Registrar (CS-V) //True Copy//

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Sub Assistant Registrar

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dpq

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

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1.The Revenue Divisional Officer, Ranipet, Vellore District.

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2.The Tahsildar, Arcot Taluk, Vellore District.

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+1cc to Mr. C.Prakasam, Advocate, S.R.No. 21284 +1cc to the Government Pleader, S.R.No. 21500

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Writ Petition No.4636 of 2019
MR(CO)
GN(11/03/2019)

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

P.M.Soundararajan, v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

P.M.Soundararajan, v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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