Allowed

S.Jayakrishnan v. The District Revenue Officer

Madras HC15 Mar 2019WP/7436/2019

Case brief

AI extract

What is this about?

A writ petition under Article 226 sought the release of a seized tipper lorry. The Court directed the respondents to return the vehicle within seven days subject to depositing amounts, executing a bond, providing an undertaking, and participating in the inquiry initiated by authorities.

What did the court decide?

The respondents were directed to release the vehicle within seven days subject to conditions including a non-refundable deposit, a personal bond, an undertaking against illegal activities, and partici

S.Jayakrishnan Vs The District Revenue Officer — Service and Employment | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 15.03.2019

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Coram

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The Hon'ble Mr.Justice R.Subbiah

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and The Hon'ble Mr.Justice Krishnan Ramasamy

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Writ Petition No.7436 of 2019

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S.Jayakrishnan ...Petitioner

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Vs.

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1.The District Revenue Officer,
Cuddalore District,
Cuddalore.
2.The Inspector of Police,
Vridhachalam Police Station,
Cuddalore District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India, for issuance of Writ of Mandamus,
directing the respondents to release and return back and hand
over the petitioner's Tipper Lorry bearing Registration No.TN 32
Q 1586 to the petitioner based on the petitioner's
representation dated 27.02.2019.

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For Petitioner : Mr.M.Selvam
For Respondents: 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 respondents to release and return back and hand over the petitioner's Tipper Lorry bearing Registration No.TN 32 Q 1586 to the petitioner based on the petitioner's representation dated 27.02.2019.

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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 29.04.2018 on the ground of illegal carrying of 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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https://hcservices.ecourts.gov.in/hcservices/

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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 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 sun, it would certainly diminish their value, this Court is of the view that the vehicle in question may be released by imposing certain 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 condition Nos.(i) to (iii), which are mentioned below:

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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 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. With the above observations and directions, this Writ

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Petition is disposed of. No costs.

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Sd/-

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Assistant Registrar(CS IV)

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//True Copy//

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Sub Assistant Registrar vkr

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

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1.The District Revenue Officer, Cuddalore District, Cuddalore.

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2.The Inspector of Police, Vridhachalam Police Station, Cuddalore District.

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+1cc to Mr.M.Selvam, Advocate, S.R.No.24533 +1cc to the Government Pleader, S.R.No.25081

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Writ Petition No.7436 of 2019
rrs 21/03/2019

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

S.Jayakrishnan v. The District Revenue Officer

Case brief

What is this about?

What did the court decide?

S.Jayakrishnan v. The District Revenue Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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