Disposed

A. Sambath, v. The Revenue Divisional Officer

Madras HC19 Mar 2019WP/8078/2019

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking release of a seized lorry. It directed release within seven days subject to fulfilling conditions including depositing a non-refundable sum, executing a personal bond, giving an undertaking against illegal use, not alienating the vehicle, and participating in the authority's enquiry.

What did the court decide?

Release of the lorry within 7 days subject to deposit of Rs.50,000, execution of personal bond, undertaking, and participation in enquiry.

A. Sambath, Vs The Revenue Divisional Officer — Pension and Retirement Benefits | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 19.03.2019

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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.8078 of 2019

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A.Sambath
Son of Ayyanar ...Petitioner
Vs
1.The Revenue Divisional Officer
Thiruchencode Taluk
Namakkal District.
2.The Thasildar
Paramathi Taluk
Namakkal District.
3.The Inspector of Police,
Velur Police Station,
Namakkal. ... Respondents

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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 respondents to release the Tipper Lorry bearing registration No. TN-31-AA-6197, seized by the 3^rd respondents on 06.02.2019, to the petitioner forthwith based on the representation of the petitioner dated 13.03.2019.

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For Petitioner : Mr.Deepan Uday

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For Respondents: Mr.D.Raghu, Government Advocate

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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 the Tipper Lorry bearing registration No. TN-31-AA-6197, seized by the 3^rd respondents on 06.02.2019, to the petitioner forthwith based on the representation of the petitioner dated 13.03.2019.

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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 06.02.2019 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.

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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 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 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 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.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.

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

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7.With the above observations and directions, this Writ
Petition is disposed of. No costs.
Sd/-
Assistant Registrar (CS-VIII)
//True Copy//
Sub Assistant Registrar
maya
To
1.The Revenue Divisional Officer
Thiruchencode Taluk
Namakkal District.
2.The Thasildar
Paramathi Taluk
Namakkal District.
3.The Inspector of Police,
Velur Police Station,
Namakkal.
+1cc to Mr.D.Deepan Uday, Advocate, S.R.No. 26024
W.P.No.8078 of 2019
KAN(CO)
GN(26/03/2019)

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

A. Sambath, v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

A. Sambath, v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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