Allowed

Latha, v. The District Collector

Madras HC11 Mar 2019WP/6226/2019

Case brief

AI extract

What is this about?

The High Court directed the release of a lorry seized by police for suspected illegal mining. The petitioner must deposit a non-refundable sum, execute a bond, and participate in the authorities' enquiry as conditions for release.

What did the court decide?

Release of lorry granted within 7 days upon deposit of Rs.50,000, execution of Rs.10,000 bond, and compliance with enquiry participation.

Latha, Vs The District Collector — Environment and Pollution | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.03.2019

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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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W.P.No.6226 of 2019
Latha .. Petitioner
Vs.
1. The District Collector,
Thiruvallur District,
Thiruvallur.
2. The Revenue Divisional Officer,
Thiruvallur District,
Thiruvallur.
3. The Tasildhar,
Thiruvallur District,
Thiruvallur.
4. The Inspector of Police,
Vengal Police Station,
Thiruvallur District,
Cr.No.38/2019 .. Respondents

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Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondent Nos.1 and 2 to release the lorry bearing Registration No.TN-22-BZ-7799, Engine No.697TC56MSZ155857, Chasis No.373135MSZ750969 to the petitioner which was seized by the fourth respondent on 24.01.2019 pursuant to the representation dated 15.02.2019.

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http://www.judis.nic.in

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For petitioner : Mr.T.Muruganantham For respondents : Mr.J.Pothiraj, Spl.G.P.

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ORDER

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(The Order of the Court was made by R.Subbiah,J)

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The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondent Nos.1 and 2 to release the lorry bearing Registration No.TN-22-BZ-7799, Engine No.697TC56MSZ155857, Chasis No.373135MSZ750969 to the petitioner which was seized by the fourth respondent on 24.01.2019 pursuant to the representation dated 15.02.2019.

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Heard the learned counsel appearing for the petitioner and the learned

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Special Government Pleader appearing for the respondents.

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According to the petitioner, the respondents have seized the vehicle in question on 24.01.2019 on the ground of illegal mining and till date, no order for release of the said vehicle had been passed by the respondents. Hence, she has come forward with the present Writ Petition.

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On the other hand, it is submitted by the learned Special Government Pleader appearing for the respondents that the vehicle in question was used for illegal transportation of mines and minerals like 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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http://www.judis.nic.in

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In any event, as the vehicle is under the custody of the respondents

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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 its 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 she will not use the vehicle in question for any illegal activities in future and shall produce the same as and

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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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http://www.judis.nic.in

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(iv) The petitioner shall not alienate the vehicle in question till the disposal

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of the proceedings before the authority concerned.

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(v) The petitioner is also directed to participate in the enquiry to be

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conducted by the respondents.

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With the above observations and directions, this Writ Petition is
disposed of. No Costs.
(R.P.S.J) (K.R.J)
11.03.2019
Office to note: Issue order copy by 13.03.2019
cs
To
1. The District Collector,
Thiruvallur District,
Thiruvallur.
2. The Revenue Divisional Officer,
Thiruvallur District,
Thiruvallur.
3. The Tasildhar,
Thiruvallur District,
Thiruvallur.

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The Inspector of Police, Vengal Police Station, Thiruvallur District, Cr.No.38/2019

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http://www.judis.nic.in

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R.SUBBIAH, J

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and
KRISHNAN RAMASAMY, J
cs
W.P.No.6226 of 2019

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13.03.2019

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http://www.judis.nic.in

Latha, v. The District Collector

Case brief

What is this about?

What did the court decide?

Latha, v. The District Collector

Case brief

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