Allowed

P.Kandan v. The Revenue Divisional Officer

Madras HC13 Mar 2019WP/7356/2019

Case brief

AI extract

What is this about?

High Court directed respondents to release a seized Tipper lorry to the petitioner within 7 days upon satisfaction of conditions, including a deposit, bond, undertaking against illegal use, and participation in the enquiry.

What did the court decide?

Release of the seized Tipper Lorry (TN 60 J 4281) to the petitioner within 7 days upon compliance with five specified conditions including deposit and bond.

P.Kandan Vs The Revenue Divisional Officer — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.03.2019

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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.7356 of 2019

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P.Kandan .. Petitioner
Vs.
1.The Revenue Divisional Officer,
Krishnagiri District.
2.The Tahsildar,
Hosur Tahsildar Office,
Krishnagiri District.
3.The Assistant Director,
Tamil Nadu Mines and Mineral,
Krishnagiri District.
4.The Inspector of Police,
Hosur HUDCO Police Station,
Krishnagiri 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, to direct the respondents to release the Tipper Lorry bearing Registration No.TN 60 J 4281 seized on 07.02.2019 keeping under the custody of 4th respondent.

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For petitioner :Mr.P.M.Jayachandran

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For respondents : Mr.D.Raghu, Government Advocate ORDER (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 Tipper Lorry bearing Registration No.TN 60 J 4281 seized on 07.02.2019 keeping under the custody of 4th respondent.

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

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Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

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According to the petitioner, the respondents have seized the vehicle in question on 07.02.2019 on the ground of illegal mining and till date, no order for release of the said vehicle had been passed by the respondents. Hence, he has come forward with the present Writ Petition.

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On the other hand, it is submitted by the learned Government Advocate 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 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. No Costs.

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-s/dAssistant Registrar(CS-I)

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True Copy

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Sub-Assistant Registrar
cs/nvi
To
1.The Revenue Divisional Officer,
Krishnagiri District.
2.The Tahsildar,
Hosur Tahsildar Office,
Krishnagiri District.
3.The Assistant Director,
Tamil Nadu Mines and Mineral,
Krishnagiri District.
4.The Inspector of Police,
Hosur HUDCO Police Station,
Krishnagiri District.
+1 CC to Mr.P.M.Jayachandran, Advocate sr 23370.
+1 CC to Govt. Pleader sr 24761.
W.P.No.7356 of 2019
BS(CO)
SP(20/03/2019)

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

P.Kandan v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

P.Kandan v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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