The Court dismissed a writ petition seeking the release of a seized lorry. Noting the formation of Special Courts under the Mines and Minerals (Development and Regulation) Act, the petitioner was directed to approach the concerned Special Court instead.
Writ petition dismissed; liberty granted to approach the Special Court for the release of the vehicle.
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W.P(MD)No.18195 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.08.2019
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P(MD)No.18195 of 2019
Ramasamy ... Petitioner
Vs.
1.The District Collector, Karur, Karur District. 2.The Revenue Divisional Officer, Revenue Divisional Officer's Office, Karur District. 3.The Assistant Director, Geology and Mining Department, Collectorate Building, Karur District. 4.The Tahsildar, Taluk Office, Aravakurichi, Karur 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 second respondent to release the petitioner's lorry bearing Registration No.TN-47-W-1433 seized by the fourth respondent on 13.07.2019.
For Petitioner : M/s.S.Bharathi For Respondents : Mr.A.Thiyagarajan, Government Advocate.
ORDER
This writ petition is filed seeking a Writ of Mandamus, directing the respondents to release lorry seized by the fourth respondent herein on 13.07.2019 and handed over the same to the second respondent and as on date no case has been registered by the jurisdictional Police Station and the vehicle is under the custody of the respondents and return the vehicle to the petitioner.
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“(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 meetings will have to be held which is inclusive of action taken/to be taken for the illicit mining.
(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
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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 revenue authorities at the time of filing their respective complaints.
(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.”
“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 :
https://hcservices.ecourts.gov.in/hcservices/ 3. Order of the Hon'ble Division Bench of the
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W.P(MD)No.18195 of 2019
Madurai Bench of Madras High Court, dated 29.10.2018 and 11.1.2019 passed in W.P.(MD) No.19936 of 2017 and others.
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.
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)
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W.P(MD)No.18195 of 2019
and in supersession of Home Department Notification No.II(2)/HO/879/2018 published at page-926 of partII 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.
...”
Assistant Registrar (AD-II) // True Copy //
Sub Assistant Registrar(CS)
To
1.The District Collector, Karur, Karur District.
2.The Revenue Divisional Officer, Revenue Divisional Officer's Office, Karur District.
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W.P(MD)No.18195 of 2019
3.The Assistant Director, Geology and Mining Department, Collectorate Building, Karur District.
4.The Tahsildar, Taluk Office, Aravakurichi, Karur District.
+1 CC to M/s.S. BHARATHI, Advocate ( SR-83031[F] dated 22/08/2019 )
W.P.(MD)No.18195 of 2019 22.08.2019
ps JMN(17.09.2019) 6P : 6C
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2 issues framed by the court
Whether the petitioner can seek release of seized lorry from the court under Article 226 of the Constitution of India.
Whether the petitioner can approach the newly designated Special Court for the release of the vehicle.
Ramasamy
District Collector, Karur
Revenue Divisional Officer, Karur District
Assistant Director, Geology and Mining Department, Karur District
Tahsildar, Aravakurichi, Karur District
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
