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2019 Supreme(Mad) 1913
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. MAHADEVAN, J.
T. Saminathan - Petitioner
Versus
The Revenue Divisional Officer, Thanjavur & Others - Respondent
W.P(MD)No. 21515 of 2019
Decided On : 10-10-2019
Advocate Appeared:
For the Petitioner:P. Banuprasath, Advocate.
For the Respondents: P. Kannithevan, Additional Government Pleader.
The court emphasized the importance of complying with government orders to address illegal sand mining and upheld the petitioner's right to use the bullock-cart for agricultural purposes.
Headnote:
Mandamus - Release of Bullock Cart - Crime No.54 of 2019 - Article 226 of the Constitution of India - G.O.(Ms)No.135 Industries (MMA.1) Department, dated 13.11.2009
Fact of the Case:
The petitioner's bullock-cart was seized for transporting sand without a valid license. The petitioner claimed to use the cart for agricultural purposes and sought its release.
Finding of the Court:
The court directed the third respondent to release the vehicle to the petitioner, subject to specified conditions, pending the ongoing enquiry.
Issues: Seizure of bullock-cart, agricultural use, illegal sand mining, and compliance with government orders.
Ratio Decidendi: The court found that the petitioner's agricultural use of the bullock-cart warranted its release pending enquiry, and emphasized the need for compliance with government orders to address illegal sand mining.
Final Decision: The Writ Petition was disposed in favor of the petitioner, with no costs imposed.
JUDGMENT :
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 bullock cart within the stipulated time fixed by this Court.
1. The petitioner is the owner of a bullock-cart and states that he is using the bullock-cart for agricultural purposes. He also states that he ekes his livelihood wholly from the income derived from the said vehicle. On 30.03.2019, the bullock-cart was seized by the third respondent on the ground that it was transporting sand without a valid license. The vehicle is presently in the custody of the third respondent.
2. According to the petitioner, the above allegation is incorrect and his stand will be vindicated in the course of enquiry, that is, according to the learned Additional Government Pleader, who appears for all the respondents, presently on-going.
3. It is represented that a case in Crime No.54 of 2019 has been registered by the Inspector of Police, Budalur Police Station, Thanjavur District.
4. Pending enquiry, I am of the view that the vehicle should be handed back to the possession of the petitioner as he states that he is using the same for agricultural purposes and also for the reason that the respondents are not in a position to protect the same against the onslaught of the elements.
5. The third respondent is directed to release the vehicle forthwith and in any event within a period of one week from today strictly subject to the satisfaction of the following conditions:-
i. The petitioner is directed to file an affidavit of undertaking within three days from today to the effect that he is the owner of the vehicle, he will cause production of the vehicle in question before the competent/concerned respondent (as the case may be) as and when called for and that he will not alienate the vehicle in question till the enquiry initiated is completed;
ii. The petitioner is directed to co-operate in the enquiry to the fullest.
iii. The first respondent/ Revenue Divisional Officer and the second respondent/Assistant Director are directed to pass final orders in the adjudication proceedings, if any, within a period of forty five (45) days from today.
6. 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 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
