High Court dismissed a writ petition seeking release of a seized lorry related to illicit sand mining, directing the petitioner to approach the newly designated Special Courts as per the Government Order.
Liberty granted to move the Special Court for release of the vehicle.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2019 CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P(MD)No.16591 of 2019
Sutha
... Petitioner
Vs.
1.The Assistant Director, Geology and Mining, Madurai, Madurai District.
2.The Revenue Divisional Officer, Madurai North, Madurai District.
3.The Inspector of Police, Vadipatti Police Station, Madurai District. ... Respondents
PRAYER: 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 petitioner's lorry vehicle bearing Registration No.TN-39-AY-0101.
For Petitioner : Mr.S.A.Ajmalkhan For Respondents : Mrs.J.Padmavathy Devi, Special Government Pleader.
ORDER
This writ petition is filed seeking a Writ of Mandamus, directing the respondents to release Lorry bearing Registration No.TN-39-AY-0101 seized by the third respondent herein on 19.06.2019 pertaining to the case in Crime No.235 of 2019 on the file of the third respondent herein and return the vehicle to the petitioner.
2 . A Division Bench of this Court has, on 29.10.2018 issued a series of detailed directions to the concerned authorities targeted at containing illegal sand mining as well as measures to address and prevent such acts. The same are extracted hereunder:-
“ (i)The District Level Task Forces and Taluk Level Task Forces, constituted pursuant to the order passed in WP(MD)No.9806 of 2018 should follow the G.O.(Ms)No.135 Industries (MMA.1) Department, dated 13.11.2009 in letter and spirit.
(ii)As stated in the above said Government Order, periodical https://hcservices.ecourts.gov.in/hcservices/ meetings will have to be held which is inclusive of action taken/to be taken for the illicit mining.
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(iii)Steps will have to be taken for dereliction of the duty by the concerned officials.
(iv)Taluk Level Task Forces shall also comply with the directions issued in the Government Order by making frequent surprise checks and submit their report to the District Level Task Forces.
(v)The Taluk Level Task Forces shall meet every fortnight as mandated in the Government Order.
(vi)The responsibility fixed in the Government Order will have to be strictly construed and action will have to be taken against the erring Village Administrative Officer, Tahsildar, Officer in-charge of Department of Geology and Mining at District Level.
(vii)Action taken report will have to be sent by the District Collector concerned for the purpose of taking necessary action. The District Collector concerned shall take appropriate departmental action by himself as per the Rules provided so.
(viii)Separate records will have to be maintained by the Village Administrative Officer, Tahsildar and Officer in-charge of the Department of Geology and Mining with respect to the cases involving illicit mining.
(ix)As and when illicit mining is reported, the same will be recorded in the records.
(x)The respective District Collectors will have to ensure by making vide publicity of phone particulars assigned to the District Level Task Forces and the Talk Level Task Forces, so that, the general public can give their complaints. There should be affixture or display of the phone particulars in the Collectorate, Taluk office, Office of Deputy Director and Assistant Director of Geology and Mining and that of the Village Administrative Officer.
(xi)Complainant will have to be intimated on the action taken within a period of one week from the date of receipt of the complaint. A complaint shall also be received even when made through phone calls.
(xii)Complaints by an authorised person under Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 are to be made immediately and not later than one week from the date of seizure.
(xiii)Whenever, a final report is filed for the offence under Section 379 IPC by the jurisdictional police before the jurisdictional Magistrate, the same shall also be committed to the Special Court. This is for the reason that it would be appropriate to deal with both the police case and the private complaint by the same Court and in order to avoid any possible conflict.
(xiv)The revenue officials at the time of seizure can issue a memo to the person in-charge of the vehicle, mineral among other things, indicating the seizure made, along with the date and time.
(xv)In so far as the seized vehicles are concerned, they shall be produced before the concerned Magistrate Court by the https://hcservices.ecourts.gov.in/hcservices/ revenue authorities at the time of filing their respective complaints.
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(xvi)Any application for release of vehicle etc., can only be filed before the Special Court alone.
(xvii)Any violation of the above would constitute a contempt of the order passed by this Court, for which, appropriate application can either be filed before the First Bench of this Court or any other Bench as per the direction of the Hon'ble Chief Justice.”
3 . Till such time the Special Courts were constituted, release of the seized vehicles were being sought before this Court in terms of Article 226 of the Constitution of India and such writ Petitions were being entertained.
“ ABSTRACT
Home (Courts-II) Department
G.O.(Ms)No.298 Dated 13.06.2019 tpfhhp tUlk;
itfhrp jpq;fs; 30-Mk; ehs; jpUts;Sth; Mz;L 2050
Read :
ORDER:
In the Government Order first read above, orders were issued for constitution of a Special Court in the cadre of District Judge at Madurai to deal with the complaints and cases filed for unauthorized stock of granites in Patta lands and to deal with trial of offences for contravention of the provisions of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, and notified in Government Order second read above.
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Hon'ble Division Bench of the Madurai Bench of Madras High Court in its order third read above, he has requested the Government, among others, to issue necessary notification for designating the Court of Principal Judge, City Civil Court, Chennai and the Principal District Courts/District Courts in each Judicial District, in the State of Tamil Nadu as Special Courts to try the cases filed under the Mines and Minerals (Development and Regulation) Act, 1957 (as amended by Act 10 of 2015) and to cause the same published in the Tamil Nadu Government Gazette.
NOTIFICATION
In exercise of the powers conferred by section 30B of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) and in supersession of Home Department Notification No.II(2)/HO/879/2018 published at page-926 of part-II Section 2 of the Tamil Nadu Government Gazette dated the 10th October, 2018 the Governor of Tamil Nadu, with the concurrence of the High Court, Madras hereby designates the Court of Principal Judge, City Civil Court, Chennai and the Principal District Courts/District Courts in each Judicial District in the State of Tamil Nadu as the Special Courts, specifying the entire territorial limits of the Judicial District concerned as the local limits of the area to which the jurisdiction of the respective Court shall extend and also appoints the Principal Judge, City Civil Court, Chennai and the Principal District Judges/District Judges of the respective Judicial District as the Judge of the respective Special Court to try the offences under the said Act.
...”
Sd/-
Assistant Registrar(CS-III)
/TRUE COPY/
Sub Assistant Registrar
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To
1.The Assistant Director, Geology and Mining, Madurai, Madurai District. 2.The Revenue Divisional Officer, Madurai North, Madurai District. 3.The Inspector of Police, Vadipatti Police Station, Madurai District. +1 CC to M/s.SPL GP ( SR-78232[F] dated 29/07/2019 ) W.P.(MD)No.16591 of 2019 26.07.2019
JM/08.08.2019/5P-5C
1 issue framed by the court
Whether a writ petition under Article 226 for release of a seized lorry can be entertained when Special Courts are designated to handle such matters.
2 provisions across 2 enactments
Sutha
Assistant Director, Geology and Mining
Revenue Divisional Officer
Inspector of Police
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
