Allowed

A.Anandaraj v. The State Rep by

Madras HC18 Mar 2019WP/7202/2019

Case brief

AI extract

What is this about?

On a writ petition seeking release of a lorry seized for alleged illegal sand transportation, the High Court ordered its release within 7 days. The direction was subject to the petitioner depositing Rs.50,000, executing a bond with sureties, undertaking future compliance, and participating in the enquiry.

What did the court decide?

The vehicle was directed to be released within 7 days subject to deposit of Rs.50,000, execution of a bond with sureties, and an undertaking not to use the vehicle for illegal activities.

A.Anandaraj Vs The State Rep by — Mining and Natural Resources | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.03.2019

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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.7202 of 2019

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A.Anandaraj S/o.Arivazhagan ...Petitioner

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Vs The State rep by Inspector of Police, Anaikaranchatram Police Station, Nagapattinam District. ... Respondent

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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 respondent herein to release the petitioner's Ashok Leyland Tipper Lorry bearing Registration No. TN-59-AT-9450 in accordance with law.

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For Petitioner : Mr.M.R.Kuyilan
For Respondent : Mr.J.Pothiraj
Special Government Pleader.
O R D E R
[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 respondent herein to release the petitioner's Ashok Leyland Tipper Lorry bearing Registration No. TN-59-AT-9450.

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

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According to the petitioner, the respondent has seized the vehicle in question on 22.02.2019 on the ground of illegal carrying of sand and till date, no order for release of the said vehicle had been passed by the respondent. Hence, he has come forward with the present Writ Petition.

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

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On the other hand, it is submitted by learned Special Government Pleader for the respondent that the vehicle in question was used for illegal transportation of mines and minerals like sand 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 respondent 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 respondent is 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 respondent/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 respondent and also the trial Court, failing which the respondent/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 respondent.

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

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Sd/-

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Assistant Registrar(CS VI)

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//True Copy//

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Sub Assistant Registrar

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ebsi

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

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The Inspector of Police, Anaikaranchatram Police Station, Nagapattinam District.

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+1cc to Mr.M.R.Kuyilan, Advocate, S.R.No.25513 +1cc to the Government Pleader, S.R.No.25714

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Writ Petition No.7202 of 2019

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RJI(CO) CS/29/03/2019

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

A.Anandaraj v. The State Rep by

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A.Anandaraj v. The State Rep by

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