Allowed

K.Balamurugan v. The Revenue Divisional Officer

Madras HC14 Mar 2019WP/7186/2019

Case brief

AI extract

What is this about?

The petitioner sought a writ for release of a Tipper Lorry seized for illegal sand transport. The court ordered the vehicle's release within 7 days, imposing a non-refundable deposit, a personal bond with sureties, an undertaking against future illegal use, and participation in the enquiry.

What did the court decide?

Direction to release the seized vehicle within 7 days upon deposit of Rs.10,000, execution of a bond with sureties, and providing an undertaking against future illegal use.

K.Balamurugan Vs The Revenue Divisional Officer — Property and Title | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 14.03.2019

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Coram:

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The Honourable Mr. Justice R.SUBBIAH

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and The Honourable Mr. Justice KRISHNAN RAMASAMY

W.P.No.7186 of 2019

K.Balamurugan

...Petitioner

Versus
1.The Revenue Divisional Officer,
Tambaram,
Kancheepuram District.
2.The Inspector of Police,
Pallikaranai Police Station,
Chennai District.
...Respondents

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Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to release the Tipper Lorry bearing Registration No.TN 20 BF 8895 which was seized by the second respondent on 17.10.2018 and thereby consider the representation dated 10.12.2018.

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For Petitioner : Mr.G.Punniakoti

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For Respondents: Mr.J.Pothiraj,

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Special Government Pleader

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O R D E R

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(Order of the Court 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 20 BF 8895.

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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 second respondent had seized the vehicle in question on 17.10.2018 on the ground of

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

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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.

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On the other hand, it is submitted by 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 sun, 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.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 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 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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https://hcservices.ecourts.gov.in/hcservices/

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With the above observations and directions, this Writ Petition is disposed of. However, there shall be no order as to costs.

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-s/d-
Assistant Registrar(CS-I)
True Copy
Sub-Assistant Registrar
To
1.The Revenue Divisional Officer,
Tambaram,
Kancheepuram District.
2.The Inspector of Police,
Pallikaranai Police Station,
Chennai District.
+1 CC to The Govt. Pleader sr 24679.
+1 CC to Mr.G.Punniakoti, Advocate sr 24165.
W.P.No.7186 of 2019
SSD(CO)
SP(20/03/2019)

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

K.Balamurugan v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

K.Balamurugan v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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