Allowed

Iyappan. S v. The Revenue Divisional Officer

Madras HC5 Feb 2021WP(MD)/1959/2021

Case brief

AI extract

What is this about?

This order allows a writ petition seeking release of seized vehicles (a tractor and a tipper). The Court, relying on Supreme Court precedent, directs release subject to conditions: non-refundable deposit in a specific government account for social welfare, production of ownership documents, and an undertaking to produce the vehicle for further enquiry if called.

What did the court decide?

Release of seized vehicle subject to payment of Rs.20,000 for institution welfare, production of ownership documents, and undertaking to produce vehicle for enquiry.

Iyappan. S Vs The Revenue Divisional Officer — Property and Title | Madras HC (2021)

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W.P.(MD)No.1959 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2021 CORAM:

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1959 of 2021

S.Iyappan

... Petitioner

-Vs-

1.The Revenue Divisional Officer,

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O/o. The Revenue Divisional Officer, Pattukkottai Taluk,

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Thanjavur District.

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2.The Assistant Director,

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Mines and Minerals Department,

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Thanjavur District, Thanjavur.

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3.The Inspector of Police, Pandhanallur Police Station, Thanjavur District.

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... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to release the petitioner's vehicle viz., Mahindra Tractor bearing Registration No.TN 61 E 5370 along with Tipper bearing Reg.No.TN 49 Y 9757 seized by the third respondent on 26.12.2020 on the basis of the petitioner's representation dated 27.01.2021.

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For Petitioner : Mr.K.A.S.Prabhu

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For Respondents : Mr.G.Arjunan Government Advocate

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ORDER

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Heard the learned counsel on either side. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

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2.The petitioner claims to be the owner of the petition mentioned vehicle. It was seized in connection with the petition mentioned crime number. The petitioner's counsel states that till date the vehicle in question has not been produced before the jurisdictional court.

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3.It has been held time and again that keeping the vehicle in the custody of the respondents is not going to serve any purpose. On the other hand, it will contribute to loss of value. Even though the criminal case has been registered, the vehicle in question is https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)No.1959 of 2021

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yet to be produced before the jurisdictional Court. The case is still under investigation. Therefore, the Writ Court will always have the power to direct release of vehicle.

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4.The learned counsel for the petitioner states that the vehicle has not been involved in any previous case of the same nature. He also submitted that the petitioner is also not having any previous case. The petitioner undertakes to remit a sum of Rs.20,000/- as non refundable cost.

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5.The Hon'ble Supreme Court in the decision reported in (2002) 10 SCC 283 (Sunderbhai Ambalal Desai and Others V. State of Gujarat) has held as follows:-

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“17.In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.

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6.Recording the submission made by the learned counsel for the petitioner, on instructions, I direct release of the petition mentioned vehicle subject to the following conditions :

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a) The petitioner is directed to pay a sum of Rs.20,000/(Rupees Twenty Thousand only) in favour of the Superintendent, Government Observation Home, No.164, Kamarajar Salai, Madurai – 625 009, in Bank Account Number : 161401000024282, IFSC Code : IOBA0001614, Indian Overseas Bank, Teppakulam. It will be a non refundable payment. After depositing the said amount, the learned counsel for the petitioner herein shall intimate in writing to the said Home with the relevant deposit receipt.

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b) The Superintendent of the Observation Home is directed to spend the said amount for the welfare of the institution or that of its inmates or towards the rehabilitation of its former inmates. The Superintendent shall submit a report to the Registrar (Administration), Madurai Bench of the Madras High Court, Madurai indicating the exact deployment of funds. The bills and other relevant materials will be enclosed along with the report. The Chairman, Juvenile Justice Board, Madurai will oversee the process and ensure the end-use.

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

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

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W.P.(MD)No.1959 of 2021

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d) The petitioner shall produce all the documents pertaining to the ownership of the seized vehicle. If the petitioner concerned is an agreement holder and the R.C book is with the financier, he or she can be permitted to produce the photocopies of the relevant documents and if the vehicle is a new one, sales invoice can be produced.

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

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7.After completion of the aforesaid formalities, the respondents shall release the petition mentioned vehicle forthwith without any delay. If the undertaking given by the petitioner is breached, the petitioner will not be entitled to interim release of the vehicle in future and the order passed by this Court will stand recalled and the vehicle in question will be taken back to custody and it will be released only after getting orders from this Court on such terms as this Court may deem it fit to impose.

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8.The Writ Petition is allowed accordingly. No costs.

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// True Copy //

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rmi

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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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1.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Pattukkottai Taluk,Thanjavur District.

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2.The Assistant Director, Mines and Minerals Department, Thanjavur District,Thanjavur.

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3.The Inspector of Police, Pandhanallur Police Station, Thanjavur District.

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

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W.P.(MD)No.1959 of 2021

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Copy to:

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1.The Superintendent, Government Observation Home, No.164, Kamarajar Salai, Madurai – 625 009.

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2.The Registrar (Administration), Madurai Bench of the Madras High Court, Madurai.

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3.The Chairman,Juvenile Justice Board, Madurai.

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+1 CC to M/s.GP ( SR-3770[F] dated 08/02/2021 )

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W.P.(MD)No.1959 of 2021 05.02.2021

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(NS)CO AP(12/02/2021) 4 P 8C

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

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Iyappan. S v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Iyappan. S v. The Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

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