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Gangadurai v. The District Collector

Madras HC8 Mar 2019WP/6781/2019

Case brief

AI extract

What is this about?

This writ petition sought a direction to release a seized Tipper lorry. The High Court ordered the release of the vehicle within seven days subject to a non-refundable deposit, a personal bond, an undertaking, and participation in the enquiry. The vehicle could be confiscated if conditions are breached.

What did the court decide?

Directions issued to release the seized vehicle within 7 days subject to deposit, bond, undertaking, and participation in the enquiry.

Gangadurai Vs The District Collector — Property and Title | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.03.2019

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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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Writ Petition No.6781 of 2019

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Gangadurai
S/o.Narayanan ... Petitioner
Vs
1.The District Collector,
Thiruvannamalai District.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Thiruvannamalai,
Thiruvannamalai District.
3.The Assistant Director (AD),
The Department of Mines & Minerals,
Collector Office Campus,
Thiruvannamali.
4.State by,
The Inspector of Police,
Thiruvannamalai Taluk Police Station,
Thiruvannamalai District.
Crime No.1338 of 2018 ... Respondents

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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 respondents to consider the petitioner's representation dated 28.02.2019 and further direct the fourth respondent to return the petitioner's Tipper Lorry bearing Registration No.TN25-BJ-3255 on the custody of the fourth respondent herein. For Petitioner : Mr.S.Silambu Selvan For Respondents : Mr.J.Pothiraj, Special Government Pleader

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O R D E R

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

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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 respondents to release the petitioner's Tipper Lorry bearing Registration No.TN-25-BJ-3255.

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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 06.10.2018 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 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 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 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 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 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 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

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

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

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Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
gm
To
1.The District Collector,
Thiruvannamalai District.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Thiruvannamalai,
Thiruvannamalai District.
3.The Assistant Director (AD),
The Department of Mines & Minerals,
Collector Office Campus,
Thiruvannamali.
4.The Inspector of Police,
Thiruvannamalai Taluk Police Station,
Thiruvannamalai District.
+1 cc to Mr.S.Silambu Selvan, Advocate Sr.No.22207
+1 cc to The Government Pleader, Sr.No.23161
Writ Petition No.6781 of 2019
gm
SCL/13.03.2019

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

Gangadurai v. The District Collector

Case brief

What is this about?

What did the court decide?

Gangadurai v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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