Partly allowed

D.Gowsalya, v. The District Collector

Madras HC7 Mar 2019WP/6218/2019

Case brief

AI extract

What is this about?

In a writ petition seeking release of a lorry seized for alleged illegal sand transportation, the High Court dismissed the prayer for immediate release without conditions but ordered the vehicle to be released within seven days subject to a non-refundable deposit of Rs.50,000, a bond, and an undertaking against future illegal use.

What did the court decide?

Release of the seized vehicle within 7 days subject to deposit of Rs.50,000, execution of a bond of Rs.10,000, and an undertaking against illegal use.

D.Gowsalya, Vs The District Collector — Motor Accident Claims | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

Dated : 07.03.2019

¶3

Coram

¶4

The Hon'ble Mr.Justice R.Subbiah and The Hon'ble Mr.Justice Krishnan Ramasamy Writ Petition No.6218 of 2019

¶5

D.Gowsalya ...Petitioner
Vs.
1.The District Collector,
District Collectorate Office,
Villupuram District.
2.The Sub-Collector,
Tindivanam,
Villupuram District.
3.The Assistant Director of Mines
and Minerals,
Villupuram District.
4.The Inspector of Police,
Tindivanam,
Villupuram District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India, for issuance of Writ of Mandamus,
directing the respondents particularly the first and second
respondents to release the petitioner's Taras Lorry bearing
Registration No.TN 16 C 2414 seized on 27.09.2018 and keeping
under the custody of the fourth respondent by considering the
petitioner's representation dated 16.10.2018.

¶6

For Petitioner : Mr.G.Mohammed Aseef For Respondents: Mr.J.Pothiraj, Special Government Pleader

¶7

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

¶8

O R D E R

¶9

[Order was delivered by R.SUBBIAH,J]

¶10

The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus,directing the respondents particularly the first and second respondents to release the petitioner's Taras Lorry bearing Registration No.TN 16 C 2414 seized on 27.09.2018 and keeping under the custody of the fourth respondent by considering the petitioner's representation dated 16.10.2018.

¶11

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

¶12

According to the petitioner, the respondents have seized the vehicle in question on 27.09.2018 on the ground of illegal carrying of M 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.

¶13

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 M sand and hence, the vehicle was seized. He further submitted that the petitioner has no previous case.

¶14

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.

¶15

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:

¶16

(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.

¶17

(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.

¶18

(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

¶19

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

¶20

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.

¶21

(iv)The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned.

¶22

(v)The petitioner is also directed to participate in the enquiry to be conducted by the respondents.

¶23

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

¶24

Sd/-
Assistant Registrar(CS-IV)
//True copy//
Sub Assistant Registrar
vkr
To
1.The District Collector,
District Collectorate Office,
Villupuram District.
2.The Sub-Collector,
Tindivanam,
Villupuram District.
3.The Assistant Director of Mines
and Minerals,
Villupuram District.
4.The Inspector of Police,
Tindivanam,
Villupuram District.
+1cc to Mr.G.Mohammed Aseef, Advocate SR.No.21216
+1cc to Government Pleader, High Court, Madras SR.No.21776
Writ Petition No.6218 of 2019
GMY(13/03/2019)

¶25

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

D.Gowsalya, v. The District Collector

Case brief

What is this about?

What did the court decide?

D.Gowsalya, v. The District Collector

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

Case details

Similar cases

P.M.Soundararajan, Vs The Revenue Divisional Officer

M.Kanagaraj Vs Government of Tamilnadu

G.Sekar S/O. Govindan Vs The Revenue Divisional Officer

Manikandan Vs The District Collector

K.Nagarjunan Vs The Assistant Director of Mines

Gunasekaran Vs The Revenue Divisional Officer