Allowed

Tamilkumaran v. The Revenue Divisional Officer

Madras HC18 Mar 2019WP/7838/2019

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras disposed of a writ petition seeking release of a seized vehicle. The Court ordered the release of the Goods Vehicle pending inquiry, subject to imposition of monetary deposit, personal bond with sureties, and a undertaking not to use it for illegal activities.

What did the court decide?

Vehicle released within seven days pending inquiry; ₹50,000 deposit and ₹10,000 bond with conditions imposed.

Tamilkumaran Vs The Revenue Divisional… — Constitutional and Fundamental Rights | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.03.2019

¶2

CORAM

¶3

THE HONOURABLE MR.JUSTICE R.SUBBIAH and

¶4

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

¶5

Writ Petition No.7838 of 2019

¶6

Tamilkumaran
S/o.Thinakaran ...Petitioner
Vs
1.The Revenue Divisional Officer,
Kancheepuram,
Kancheepuram District.
2.The Thasildar,
Kancheepuram Taluk,
Kancheepuram District.
3.The Inspector of Police,
Kanchi Taluk Police Station,
Kancheepuram District. ... Respondents
Writ Petition filed under Article 226 of The Constitution
of India praying for the issuance of a Writ of Mandamus
directing the 3 rd respondent to release the Goods Vehicle (Tipper
Lorry) bearing Registration No.TN-21-B-8677 seized by the 1 st
Respondent to the petitioner.

¶7

For Petitioner : Mr.N.Sudharsan
For Respondents: Mr.J.Pothiraj
Special Government Pleader.
*****
O R D E R
[Order was delivered by R.SUBBIAH,J]

¶8

The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the 3^rd respondent to release the Goods Vehicle (Tipper Lorry) bearing Registration No.TN-21-B-8677.

¶9

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

¶10

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

¶11

According to the petitioner, the respondents have seized the vehicle in question on 23.02.2019 on the ground of illegal carrying of sand and till date, no order for release of the said vehicle had been passed by the respondents. Hence, he has come forward with the present Writ Petition.

¶12

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 hence, the vehicle was seized. He further submitted that the petitioner has no previous case.

¶13

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.

¶14

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):

¶15

(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.

¶16

(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.

¶17

(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.

¶18

(iv)The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned.

¶19

(v)The petitioner is also directed to participate in the enquiry to be conducted by the respondents.

¶20

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

¶21

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

¶22

Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
ebsi
To
1.The Revenue Divisional Officer,
Kancheepuram,
Kancheepuram District.
2.The Thasildar,
Kancheepuram Taluk,
Kancheepuram District.
3.The Inspector of Police,
Kanchi Taluk Police Station,
Kancheepuram District.
+1cc to Mr.N.Sudharsan, Advocate, S.R.No.25000
Writ Petition No.7838 of 2019
KJ(CO)
RRS(04/04/2019)

¶23

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

Tamilkumaran v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Tamilkumaran v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

G.Deepak Vs The Revenue Divisional Officer

M.Manivannan Vs The Sub Collector

S.Jayakrishnan Vs The District Revenue Officer

T.Suresh Vs The Revenue Divisional Officer

R.Narasingam, Vs The Revenue Divisional Officer

M.Manickam Vs The Revenue Divisional Officer