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Ashokan v. The Revenue Divisional Officer

Madras HC19 Mar 2019WP/8087/2019

Case brief

AI extract

What is this about?

In a Writ Petition, the petitioner sought Mandamus to release a seized lorry used for alleged illegal sand transportation. The court directed the respondents to release the vehicle within 7 days subject to mandatory conditions including a refundable deposit, a bond with sureties, and an undertaking against future illegal use.

What did the court decide?

Directed respondents to release the lorry within 7 days upon payment of Rs. 50,000 deposit, execution of bond for Rs. 10,000 with sureties, and furnishing of undertaking against illegal use.

Ashokan Vs The Revenue Divisional Officer — Land Acquisition | 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.8087 of 2019

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Ashokan
S/o.Nagamuthu ...Petitioner
Vs
1. The Revenue Divisional Officer,
Nagapattinam,
Pincode – 611 003,
Nagapattinam District.
2. The Tahsildar,
Nagapattinam,
Pincode – 611 003,
Nagapattinam District.
3. State rep.by,
The Inspector of Police,
Nagoor Police Station,
Nagoor,
Nagapattinam District. ... Respondents
Writ Petition filed under Article 226 of The Constitution of
India praying for the issuance of a Writ of Mandamus directing
the 1 st and 2 nd respondents to release the petitioner's Lorry
bearing Registration No.TN-51-F-1233, which is in the custody of
the 3 rd respondent.

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For Petitioner : Mr.W.Camyles Gandhi
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, directing the respondents to release the petitioner's Lorry bearing No. TN-51-F-1233.

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Heard learned counsel for the petitioner and learned

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

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Government Advocate for the respondents.

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According to the petitioner, the respondents have seized the vehicle in question on 10.02.2019 on the ground of illegal carrying of river 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 river 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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https://hcservices.ecourts.gov.in/hcservices/

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

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
jas/maya
To
1.The Revenue Divisional Officer,
Nagapattinam,
Pincode – 611 003,
Nagapattinam District.
2.The Tahsildar,
Nagapattinam,
Pincode – 611 003,
Nagapattinam District.
3.The Inspector of Police,
Nagoor Police Station,
Nagoor,
Nagapattinam District.
+1cc to Mr.W.Camyles Gandhi, Advocate, S.R.No.25957

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Writ Petition No.8087 of 2019 RSV(CO) CS/29/03/2019

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

Ashokan v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Ashokan v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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