Disposed

Muthusamy v. The State Rep. by

Madras HC25 Mar 2019WP/7914/2019

Case brief

AI extract

What is this about?

The High Court dismissed a petition seeking return of a seized vehicle. It directed release upon deposit of money, execution of a bond, furnishing an undertaking against future illegal use, non-alienation during proceedings, and participation in the enquiry.

What did the court decide?

Release of the vehicle subject to payment of a deposit, execution of a bond, undertaking against illegal use, non-alienation, and participation in the enquiry.

Muthusamy Vs The State Rep. by — Property and Title | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 25.03.2019

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Coram

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The Hon'ble Mr.Justice R.Subbiah and

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The Hon'ble Mr.Justice Krishnan Ramasamy

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Writ Petition No.7914 of 2019

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Muthusamy ... Petitioner
Vs.
1. The State rep by
The District Revenue Officer,
Cuddalore District,
Cuddalore.
2. The State rep by
The Thasildhar,
Srimushnam,
Cuddalore District.
3. The Inspector of Police,
Srimushnam Police Station,
Cuddalore District,
Cuddalore. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India, for issuance of Writ of Mandamus, to
direct the respondents to release and return back the vehicle
bearing registration No. TN-31-AM-6778 Engine No. PY
3029D299835, Chassis No. PY 5104B025650 to petitioner.
For Petitioner : Mr.R.Thirumoorthy
For Respondents : Mr.D.Raghu
Government Advocate.
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, to direct the respondents to release and return back the vehicle bearing registration No. TN31-AM-6778 Engine No. PY 3029D299835, Chassis No. PY 5104B025650 to petitioner.

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

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

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According to the petitioner, the respondents have seized the vehicle in question on 24.12.2018 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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On the other hand, it is submitted by learned Government Advocate 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.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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https://hcservices.ecourts.gov.in/hcservices/

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

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Sd/Assistant Registrar(CS I) //True Copy//

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Sub Assistant Registrar
vkr/ebsi
To
1. The District Revenue Officer,
Cuddalore District, Cuddalore.
2. The Thasildhar,
Srimushnam,
Cuddalore District.
3. The Inspector of Police,
Srimushnam Police Station,
Cuddalore District,
Cuddalore.
+1 cc to Mr.R.Thirumoorthy, Advocate Sr.No.28510
+1 cc to The Government Pleader, Sr.No.29200
Writ Petition No.7914 of 2019
RGN(CO)
CSL/02.04.2019

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

Muthusamy v. The State Rep. by

Case brief

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Muthusamy v. The State Rep. by

Case brief

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