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Ashok v. The Revenue Divisional Officer/ Sub Collector

Madras HC4 Mar 2019WP/5415/2019

Case brief

AI extract

What is this about?

The petitioner sought release of a seized JCB used for illegal clay sand transport. The High Court ordered the vehicle's release within 7 days contingent on paying a deposit, executing a bond, providing an undertaking not to use it for illegal activities, non-alienation, and participation in the enquiry.

What did the court decide?

Respondents directed to release the seized JCB within 7 days subject to payment of a deposit, execution of a bond with sureties, and payment of an undertaking regarding future use.

Ashok Vs The Revenue Divisional Officer/ Sub… — Civil Procedure and Limitation | 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

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THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

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Writ Petition No.5415 of 2019

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Ashok
S/o.Munisamy ...Petitioner
Vs
1.The Revenue Divisional Officer/
Sub Collector,
Hosur, Krishnagiri District.
2.The Assistant Director,
Mines & Minerals Department,
Krishnagiri District.
3.The Thasildar,
Hosur Taluk,
Krishnagiri District.
4.The Inspector of Police,
Bagalur Police Station,
Krishnagiri District. ... Respondents
Writ Petition filed under Article 226 of The Constitution
of India praying for the issuance of a Writ of Mandamus
directing the respondents herein to release the petitioner's
Earth Moving Equipment (JCB) bearing Registration No.KA-07-M-
8430, Engine No.H00049475, Chassis No.1846047, seized by the
fourth respondent police on 13.02.2019, by considering the
petitioner's representations dated 14.02.2019 and 19.02.2019
within a time stipulated by this Court.
For Petitioner : Mr.T.Veerakumar
For Respondents: Mr.D.Raghu
Government Advocate

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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 respondents to

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

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release the petitioner's Earth Moving Equipment (JCB) bearing Registration No.KA-07-M-8430, Engine No.H00049475, Chassis No.1846047, seized by the fourth respondent.

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

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According to the petitioner, the respondents have seized the vehicle in question on 13.02.2019 on the ground of illegal carrying of clay 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 the respondents that the vehicle in question was used for illegal transportation of mines and minerals like clay sand and there was 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.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

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

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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.

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Assistant Registrar (CS-VIII)

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//True Copy//
Sub Assistant Registrar
gm
To
1.The Revenue Divisional Officer/Sub Collector,
Hosur, Krishnagiri District.
2.The Assistant Director,
Mines & Minerals Department,
Krishnagiri District.
3.The Thasildar,
Hosur Taluk,
Krishnagiri District.
4.The Inspector of Police,
Bagalur Police Station,
Krishnagiri District.
+1cc to Mr.T.Veera Kumar, Advocate, S.R.No. 19943

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Writ Petition No.5415 of 2019

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GN(08/03/2019)

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

Ashok v. The Revenue Divisional Officer/ Sub Collector

Case brief

What is this about?

What did the court decide?

Ashok v. The Revenue Divisional Officer/ Sub Collector

Case brief

What is this about?

What did the court decide?

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