Disposed

R.Narendran S/O. a.Rengarajan v. The District Collector

Madras HC11 Mar 2019WP/6725/2019

Case brief

AI extract

What is this about?

High Court ordered release of petitioner's lorry seized for alleged illegal mining under Article 226. Petitioner must deposit money, execute bond, and undertake not to use vehicle illegally. Petition disposed of; no costs.

What did the court decide?

Release of lorry No. TN-52-H-6273 to petitioner within 7 days subject to a non-refundable deposit, personal bond, and undertaking against future illegal use.

R.Narendran S/O. a.Rengarajan Vs The District… — Writ and Judicial Review | 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

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and

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THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

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W.P.No.6725 of 2019

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R.Narendran .. Petitioner
Vs.
1. The District Collector,
Kancheepuram District,
Kancheepuram.
2. The Revenue Divisional Officer,
Kancheepuram District,
Kancheepuram.
3. The Zonal Deputy Thasildhar,
Madhranthagam,
Kancheepuram District.
4. The Inspector of Police,
Achirapakkam Police Station,
Kancheepuram District.
5. The Assistant Director,
Department of Geology & Mining,
Thirunelveli. .. 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 respondents to release the petitioner Lorry bearing No.TN-52-H6273 seized on 12.12.2018 by the third respondent and hand over to the petitioner.

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For petitioner : Mr.S.Arivazhagan 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 respondents to release the petitioner Lorry bearing No.TN-52-H-6273 seized on

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

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12.12.2018 by the third respondent and hand over to the petitioner.

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

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According to the petitioner, the respondents have seized the vehicle in question on 12.12.2018 on the ground of illegal mining 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 the learned Special Government Pleader appearing for the respondents that the vehicle in question was used for illegal transportation of mines and minerals like M.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 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.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(s)/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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https://hcservices.ecourts.gov.in/hcservices/

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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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-s/dDeputy Registrar

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True Copy

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Sub-Assistant Registrar

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The District Collector,
Kancheepuram District,
Kancheepuram.
2. The Revenue Divisional Officer,
Kancheepuram District,
Kancheepuram.
3. The Zonal Deputy Thasildhar,
Madhranthagam,
Kancheepuram District.
4. The Inspector of Police,
Achirapakkam Police Station,
Kancheepuram District.
5. The Assistant Director,
Department of Geology & Mining,
Thirunelveli.
+1 CC to Mr.S.Arivazhagan, Advocate sr 22711.
+1 CC to Govt. Pleader sr 23132.

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W.P.No.6725 of 2019
SP(15/03/2019)

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

R.Narendran S/O. a.Rengarajan v. The District Collector

Case brief

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R.Narendran S/O. a.Rengarajan v. The District Collector

Case brief

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