Madras High Court
Malarkodi vs The Revenue Divisional Officer on 12 May, 2021
W.P(MD)No.9443 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.05.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
W.P(MD)No.9443 of 2021
Malarkodi : Petitioner
Vs.
1.The Revenue Divisional Officer,
Ramanathapuram,
Ramanathapuram District.
2.The Assistant Director,
Mines and Minerals Department,
Ramanathapuram District.
3.The Inspector of Police,
Keelakarai Police Station,
Ramanathapuram District. : Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India
praying for the issue of a Writ of Mandamus, to direct the respondents to
release the petitioner's Lorry bearing registration No.TN-46-J-8484, Engine
1/8
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W.P(MD)No.9443 of 2021
No.SAE125274Z, Chassis No.MB1G3DWC2ARSB8909, seized by the
third respondent police, by considering the petitioner's representation dated
07.05.2021, within a time stipulated by this Court.
For Petitioner : Mr.R.Murugan
For Respondents : Mr.J.Gunaseelan Muthiah
Additional Government Pleader
ORDER
(Order of the Court was made by S.S.SUNDAR, J.)
This writ petition has been filed for a writ of Mandamus directing the
respondents to release the petitioner's Lorry bearing registration No.TN-46-
J-8484, Engine No.SAE125274Z, Chassis No.MB1G3DWC2ARSB8909,
seized by the third respondent police, by considering the petitioner's
representation dated 07.05.2021.
2.The case of the petitioner is that the third respondent police has
seized the petitioner's Lorry on the ground of illegal transportation of sand
and a case has been registered in Crime No.42/2021 for the offence under
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W.P(MD)No.9443 of 2021
Section 379 of IPC and 24 of the Mines and Minerals (Development and
Regulation) Act, 1957 (hereinafter referred to as 'the Act') dated 02.03.2021.
3.According to the learned counsel for the petitioner, instead of
producing the vehicle before the Court, the same has been produced before
the Revenue Divisional Officer and lying with the respondent police
exposed to sun light and weather.
4.Though this Court is inclined to release the vehicle subject to terms,
the Additional Government Pleader appearing for the respondents brought
to the notice of this court the direction issued by a Division Bench of this
Court in a batch of cases. The judgment of the Division Bench is also
followed by another bench in W.P.(MD)No.9356 of 2021 dated 05.05.2021.
In tune with the direction of the Hon'ble Division Bench in similar cases,
which was disposed of recently, this Court is inclined to follow the same.
Though the Hon'ble Supreme Court gave liberty to some of the petitioners
to file review applications, the Division Bench of this Court dismissed the
review applications by orders dated 09.09.2019 and 12.09.2019 with the
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W.P(MD)No.9443 of 2021
following directions:-
(i) “The Secretary to Government, Industries
Department, Fort St. George, Chennai is directed to issue
proper directions either by way of order or circular to all the
persons authorized to exercise the power to seizure indicating
the manner and the circumstances under which the power of
compounding is to be exercised sparingly;
(ii) The designated Courts are directed to deal with the
question of confiscation or release of the vehicles on receipt
of the private complaint or seizure report from the person
authorized, notwithstanding the exercise of power of
compounding. The persons authorized are directed to comply
with the earlier directions with reference to making the private
complaints;
(iii) Whenever the vehicles/materials seized are
produced before the Court of confiscation proceedings, the
Courts concerned shall take photographs of the
vehicle/material and keep the material by public auction after
getting valuation report from the Motor Vehicle Inspector of
the District concerned or the authorities concerned and shall
issue sale certificate to the successful bidder and deposit the
sale price to the credit of the particular case. In the event,
confiscation is ordered by the trial Court, the amount shall be
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W.P(MD)No.9443 of 2021
confiscated to the Government.
(iv) If the designated Court comes to the conclusion that
the vehicle/material is not liable to be confiscated, the same
shall be returned to the parties who are legally entitled to.
(v) The applicants are directed to file an affidavit on the
complaints made on the direction issued by this Court,
particularly in the light of the submission made that they are
not being followed. Such an affidavit will have to be filed
within a period of four weeks from the date of receipt of a
copy of this order.”
Accordingly, the Government has also issued G.O.Ms.No.170, Industries
(MMC.2) Department, dated 05.08.2020, issuing directions to the
authorities/Officials of Revenue, Forest and Police departments on seizure
of vehicles and compounding of offences.
5. Any vehicle, which is involved in illegal transportation of minerals,
is liable to be seized and the same is also liable to be confiscated under
Section 21(4) of the Act by the Court competent to take cognizance on the
issue and the competent authorities to file the complaint is also mentioned
in G.O.Ms.No.170, dated 05.08.2020.
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W.P(MD)No.9443 of 2021
6. In view of the same, this Court is not inclined to entertain this Writ
Petition. Accordingly, this Writ Petition is dismissed. However, it is open to
the petitioner to approach the designated Court by filing appropriate
application for interim custody of the vehicle pending confiscation
proceedings, if any. The designated Court shall consider such application on
its own merits within a period of three weeks from the date of receipt of a
copy of the application, if any submitted by the petitioner. No costs.
[S.S.S.R, J.] & [T.K., J.]
12.05.2021
Index : Yes/No
Internet : Yes
ogy/srm
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W.P(MD)No.9443 of 2021
To
1.The Revenue Divisional Officer,
Ramanathapuram,
Ramanathapuram District.
2.The Assistant Director,
Mines and Minerals Department,
Ramanathapuram District.
3.The Inspector of Police,
Keelakarai Police Station,
Ramanathapuram District.
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W.P(MD)No.9443 of 2021
S.S.SUNDAR, J
AND
T.KRISHNAVALLI, J
SRM
Order made in
W.P(MD)No.9443 of 2021
Dated: 12.05.2021
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