Allowed

V.Elumalai v. The Inspector of Police

Madras HC1 Mar 2019WP/6014/2019

Case brief

AI extract

What is this about?

The High Court directed the respondent Police to release the petitioner's bulluck cart seized for illegal sand transportation within 7 days, conditioned upon deposit amounts, executing a bond with sureties, and giving an undertaking against future illegal activities.

What did the court decide?

Release of the bullock cart to the petitioner within 7 days upon fulfillment of conditions regarding deposit, bond with sureties, and undertaking against future illegal activities.

V.Elumalai Vs The Inspector of Police — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.03.2019

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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 P.RAJAMANICKAM

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Writ Petition No.6014 of 2019

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V.Elumalai S/o.Vinodham ...Petitioner Vs The Inspector of Police, Salavakkam Police Station, Kancheepuram, Kancheepuram District. ... Respondent

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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 respondent to release the Bullock Cart which was seized by the respondent on 13.02.2019 and the same is kept with the respondent's premises to the petitioner.

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For Petitioner : Mr.A.Ilaya Perumal

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For Respondent : Mr.D.Raghu Government Advocate

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O R D E R

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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 respondent to release the petitioner's Bullock Cart, which was seized by the respondent on 13.02.2019.

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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

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

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the vehicle in question on 13.02.2019 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 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 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 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 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.

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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
//True Copy//
Sub Assistant Registrar
gm
To
The Inspector of Police,
Salavakkam Police Station,
Kancheepuram,
Kancheepuram District.
+1cc to Mr.A.Ilaya Perumal, Advocate, S.R.No.19197
Writ Petition No.6014 of 2019
VBA(CO)
GSP(04/03/2019)

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

V.Elumalai v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

V.Elumalai v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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