Partly allowed

K.Nagarjunan v. The Assistant Director of Mines

Madras HC7 Mar 2019WP/5821/2019

Case brief

AI extract

What is this about?

Court disposed of the Writ Petition for release of a seized lorry. Directing release after deposit of sums with Tahsildar and execution of a bond, the Court imposed conditions prohibiting illegal use and alienation.

What did the court decide?

Lorry released subject to deposit of Rs. 50,000, execution of Rs. 10,000 bond, undertaking against illegal use, and participation in enquiry.

K.Nagarjunan Vs The Assistant Director of Mines — Property and Title | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 07.03.2019

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Coram

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The Hon'ble Mr.Justice R.Subbiah and The Hon'ble Mr.Justice Krishnan Ramasamy Writ Petition No.5821 of 2019

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K.Nagarjunan ...Petitioner
Vs.
1.The Assistant Director of Mines,
Tiruvallur,
Tiruvallur District.
2.The Revenue Divisional Officer,
Tondiarpet, Tiruvallur District.
3.The Inspector of Police,
Redhills Police Station,
Tiruvallur District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India, for issuance of Writ of Mandamus,
directing the respondents to release the petitioner's Lorry
bearing Registration No.TN 18 AR 6660 which was seized on
04.09.2018 by the first respondent and subsequently handed over
to the third respondent herein.

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For Petitioner : Mr.K.S.Arumugam For Respondents: Mr.J.Pothiraj, Special Government Pleader

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The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, to direct the respondents to release the petitioner's Lorry bearing Registration No.TN 18 AR 6660 which was seized on 04.09.2018 by the first respondent and subsequently handed over to the third respondent herein.

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

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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 04.09.2018 on the ground of illegal carrying of silica 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 silica sand and hence, the vehicle was seized.

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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 sun, it would certainly diminish their value, this Court is of the view that the vehicle in question may be released by imposing certain 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 condition Nos.(i) to (iii), which are mentioned below:

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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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(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-III)

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//True copy//
Sub Assistant Registrar
vkr
To
1.The Assistant Director of Mines,
Tiruvallur,
Tiruvallur District.
2.The Revenue Divisional Officer,
Tondiarpet, Tiruvallur District.
3.The Inspector of Police,
Redhills Police Station,
Tiruvallur District.
+1cc to Mr.K.S.Arumugam, Advocate SR.No.21214(15/03/2019)
Writ Petition No. 5821 of 2019
RR(CO)
GMY(14/03/2019)

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

K.Nagarjunan v. The Assistant Director of Mines

Case brief

What is this about?

What did the court decide?

K.Nagarjunan v. The Assistant Director of Mines

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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