Allowed

P.Arunpandi v. the Assistant Director

Madras HC10 Nov 2020WP(MD)/15827/2020

Case brief

AI extract

What is this about?

In a writ petition, the Madurai Bench of the Madras High Court granted relief to the petitioner for the release of his seized tractor and trailer, subject to sixteen specific conditions including execution of a bond, restrictions on alienation, and cooperation with police enquiry.

What did the court decide?

Release of seized Tractor TN 63 J 3981 and Trailer TN 60 M 2469 subject to conditions including execution of bond of Rs. 50,000 and undertaking not to encumber the vehicle.

P.Arunpandi Vs the Assistant Director — Motor Accident Claims | Madras HC (2020)

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W.P.(MD) No.15827 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 10.11.2020

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CORAM

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THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

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W.P.(MD)No.15827 of 2020

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P.Arunpandi ... Petitioner

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Vs.

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The Assistant Director, Geology and Mining Department, Madurai, Madurai District.

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The Revenue Divisional Officer, Madurai,

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Madurai District.

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The Inspector of Police, Kadupatty Police Station, Kadupatty,

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Madurai District. ... Respondents

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Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to release the petitioner's vehicle namely Tractor bearing registration No. TN 63 J 3981 and Trailer bearing Registration No.TN 60 M 2469 seized by the third respondent on 06.08.2020 in Crime No.1254 of 2020.

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For Petitioner : Mr.T.Kanagaraj For Respondents : Mr.A.Karthik Government Advocate

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ORDER

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(This petition was heard through video conferenceing)

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This writ petition has been filed for a Mandamus seeking for a direction to direct the respondents to release the petitioner's vehicle viz., Tractor bearing registration No. TN 63 J 3981 and Trailer bearing Registration No.TN 60 M 2469.

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2.Mr.A.Karthik, learned Government Advocate, accepts notice on behalf of the respondents. By consent of both parties, the Writ https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD) No.15827 of 2020

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Petition is taken up for final disposal at the admission stage itself.

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3.It is the case of the petitioner that he is the owner of the Tractor bearing registration No. TN 63 J 3981 and Trailer bearing Registration No.TN 60 M 2469. According to the petitioner, on 06.08.2020, the third respondent seized the vehicle and registered a case against the petitioner in Crime No.1254 of 2020 for the offence punishable under Section 379 I.P.C. and Section 21(1) of the Mines and Minerals(Development and Regulation)Act, 1957 alleging that the petitioner has transported sand without proper invoices. According to the petitioner, ever since the seizure, the said vehicle is still in the custody of the third respondent Police.

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4.It is also the contention of the petitioner that the vehicle has also not been produced by the third respondent Police before the concerned Jurisdictional Court. According to him, the seized vehicle is now kept idle in the Police Station premises in the open place and exposed to the vagaries of nature, resulting in the vehicle depreciating in value. In such circumstances, he has filed this Writ Petition seeking for release of the seized vehicle.

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5.Admittedly, the vehicle was seized by the third respondent on 06.08.2020 and a case has been registered by the third respondent Police against the petitioner in Crime No.1254 of 2020, for the offence punishable under Section 379 I.P.C. and Section 21(1) of the Mines and Minerals(Development and Regulation)Act, 1957 alleging that the petitioner has transported sand without proper invoices. Admittedly, the vehicle is now in the Police Station premises and kept in the open place and exposed to the vagaries of nature and the vehicle has also not been produced before the Jurisdictional Court.

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6.As rightly contended by the learned counsel appearing for the petitioner, the vehicle will certainly depreciate in value, if it is allowed to remain in the open place and kept idle for a long period of time. No useful purpose will be served if the vehicle is allowed to be kept idle. In similar matters, this Court has granted release of seized vehicle to the respective petitioners subject to fulfillment of certain conditions. Therefore, this Court is inclined to grant similar relief to the petitioner subject to fulfillment of the following conditions:-

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(i)the petitioner shall execute a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) in favour of the second respondent within a period of two weeks from the date of receipt of a copy of this order.

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(ii)the petitioner shall not alienate or encumber the vehicle in question till the proceedings are completed.

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(iii)the petitioner shall not change the colour and scheme of the vehicle.

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

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W.P.(MD) No.15827 of 2020

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(iv)the petitioner shall not use the vehicle for any illegal activities.

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(v)before releasing the vehicle, the police authority shall take photographs of the vehicle at the cost of the petitioner.

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(vi)The petitioner shall produce all xerox copies of the documents pertaining to the ownership of the seized vehicle to the second respondent.

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(vii)As and when the respondents call for the vehicle for enquiry, the petitioner has to produce the vehicle in question and he shall cooperate with the enquiry to be conducted by the respondents.

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7.Upon completion of the above mentioned formalities, the respondents shall release the petitioner's Tractor bearing registration No. TN 63 J 3981 and Trailer bearing Registration No.TN 60 M 2469 to the petitioner forthwith and without any delay. If this undertaking given by the petitioner is breached, the petitioner will not be entitled for interim release of the vehicle in the future.

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8.The Writ Petition is disposed of, accordingly. There shall be no order as to costs.

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Assistant Registrar (CS-II)

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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gns

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Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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The Assistant Director, Geology and Mining Department, Madurai, Madurai District.

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The Revenue Divisional Officer, Madurai,

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Madurai District.

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

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W.P.(MD) No.15827 of 2020

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The Inspector of Police, Kadupatty Police Station, Kadupatty, Madurai District.

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+1 CC to the SPL GP ( SR-21927[F] dated 11/11/2020 )

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W.P.(MD)No.15827 of 2020 10.11.2020

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VR(CO) CS(01.12.2020) 4P 5C

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

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P.Arunpandi v. the Assistant Director

Case brief

What is this about?

What did the court decide?

P.Arunpandi v. the Assistant Director

Case brief

What is this about?

What did the court decide?

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