Partly allowed

S.Suresh v. The District Collector

Madras HC4 Mar 2019WP/5376/2019

Case brief

AI extract

What is this about?

In a writ petition under Article 226 of the Constitution, the petitioner sought release of his tractor seized for alleged illegal sand transportation. The Court directed release within 7 days subject to non-refundable deposits, a personal bond, participation in enquiry, and an undertaking against future illegal activities.

What did the court decide?

Directed respondents to release the impounded vehicle within 7 days of compliance with conditions including deposit of Rs.50,000, execution of bond, and undertaking.

S.Suresh Vs The District Collector — Cheque Dishonour | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.03.2019

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

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Writ Petition No.5376 of 2019
and
W.M.P.No.6104 of 2019
S.Suresh
S/o.Sammandham ...Petitioner
Vs
1.The District Collector,
Office of the District Collector,
Thiruvallur.
2.The Thasildar,
Poonamallee,
Thiruvallur District.
3.The Inspector of Police,
B-7 Police Station,
Vellavedu, Chennai – 600 124. ... Respondents
Writ Petition filed under Article 226 of The Constitution of
India praying for the issuance of a Writ of Mandamus directing
the respondents 1 and 2 to direct third respondent to release
the LMV Tractor bearing No.TN-21-Y-9995 with Trailer immediately.

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The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the respondents to

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

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release the petitioner's LMV Tractor bearing No.TN-21-Y-9995 with Trailer.

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

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According to the petitioner, the respondents have seized the vehicle in question on 20.10.2018 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 Special Government Pleader for the respondents that the vehicle in question was used for illegal transportation of mines and minerals like river sand and there is no valid permit 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 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.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)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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https://hcservices.ecourts.gov.in/hcservices/

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

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Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
gm
To
1.The District Collector,
Office of the District Collector,
Thiruvallur.
2.The Thasildar,
Poonamallee,
Thiruvallur District.
3.The Inspector of Police,
B-7 Police Station,
Vellavedu, Chennai – 600 124.
4.The Judicial Magistrate,
Poonamalle.
+1cc to Mr.I.Arockia Selvaraj, Advocate sr.no.20273
Writ Petition No.5376 of 2019
nr 06/03/2019

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

S.Suresh v. The District Collector

Case brief

What is this about?

What did the court decide?

S.Suresh v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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