It is really magnanimous on the part of the Madras High Court to have held in clear, cogent and convincing terms in a latest, learned, laudable and landmark judgment titled Selvam vs The Revenue Divisional Officer and others in W.P. (MD) No. 2785 of 2021 delivered recently on February 15, 2021 in at least 3 matters remembered the martyrs who laid down their lives for their motherland and added that, “If our children are acquainted with the life of Field Marshal Sam Manekshaw, it would certainly inspire them to join the army and serve the nation.” Very rightly so! The single Judge Bench of Justice GR Swaminathan of Madras High Court was hearing pleas by the petitioners seeking the release of their respective vehicles in their favour alleging that to date, the vehicle in question has not been produced before the jurisdictional court.
Needless to say, the petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent herein to release the petitioner’s Tractor Swaraj 855FE being Registration No.TN 76 X 8852 with unregistered Trailer (Chassis No.0059/2012) to the petitioner on the basis of the representation dated 05.02.2021.
To start with, the ball is set rolling by first and foremost pointing out in para 1 that, “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.”
While elaborating on the facts, the Bench then mentions in para 2 that, “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.”
To be sure, it is then stated in para 3 that, “It has been authoritatively held by the Hon’ble Supreme Court in the decision reported in (2002) 10 SCC 283 (Sunderbhai Ambalal Desai and Others V. State of Gujarat) that whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. That would not only serve any purpose but also result in loss of value.”
To put this in perspective, the Bench then lays down in para 4 that, “Notwithstanding the registration of criminal cases, the vehicle in question is yet to be produced before the jurisdictional court. Therefore, the writ court is definitely possessed of the power to direct release of the vehicle. Neither the petitioner nor the vehicle is involved in any previous case of the same nature. In similar circumstances, this Court has been directing the release of the seized vehicle on remittance of certain sum of money as non refundable payment. I have been directing costs to be paid either to the credit of the mineral foundation trust (central government entity) or a governmental authority.”
Most significantly, what forms the cornerstone of this judgment which captures the eyes and minds of all the esteemed readers is then stated in para 5 that, “Yesterday, ie., 14th February, the nation remembered the martyrs who laid down their lives for the motherland at Pulwama. To add solemnity to the occasion, “Sam Manekshaw’s Beloved Armed Forces” authored by Shri.N.Vijayaraghavan, advocate was released. Major General R.Karthikeyan who saw action in all the four wars while speaking on the occasion lamented that though Officers Training Academy is located in Chennai, hardly one percent of the officers are from the State of Tamil Nadu. Awareness should be spread among the school going students in this regard. Motivation can come only by reading the lives of iconic figures. If our children are acquainted with the life of Field Marshal Sam Manekshaw, it would certainly inspire them to join the army and serve the nation.”
It goes without saying that what Justice GR Swaminathan of Madras High Court has stated in para 5 is of invaluable importance and the State of Tamil Nadu must not just pay heed to what has been said here but also implement strictly what has been stated therein so that more youth from Tamil Nadu join the defence services which will add to the glory of Tamil Nadu and make it among the popular state of the country just like UP, Punjab, Haryana among others! IT has also been rightly added that children must be made to know more about Field Marshal Sam Manekshaw so that more youth are attracted towards joining forces as the present percentage of them joining forces is not very high! This invaluable suggestion certainly deserves to be implemented at the earliest.
While continuing in a similar vein, it is then added in para 6 that, “Hearing me thinking aloud, the learned counsel for the petitioner came forward to remit a sum of Rs.20,000/- in favour of Kalaimagal Publications. The Publisher, Kalaimagal Publication is requested to distribute corresponding number of copies among the schools and institutions that may be suggested by the learned author himself.”
What’s more, it is then added in para 7 that, “I direct release of the petition mentioned vehicle subject to the following conditions :
a) The petitioner shall pay a sum of Rs.20,000/- (Rupees Twenty Thousand only) in favour of the Kalaimagal Publications, in Current Account Number : 4212084759 , IFSC Code : KKBK0008476, KOTAK MAHINDRA BANK, Dr. RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI – 600 004. It will be a non refundable payment. The learned counsel for the petitioner after depositing the said amount shall inform in writing to the said Publication about the deposit.
b) The petitioner shall not alienate or encumber the vehicle in question till the proceedings are completed.
c) 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.
d) 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.”
Finally, it is then held in para 8 that, “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.”
To conclude, this brief, bold, brilliant and blunt judgment leaves no room of doubt that though Officers Training Academy is located in Chennai, hardly one percent of the officers are from the State of Tamil Nadu. Awareness should be spread among the school going students in this regard. It merits no reiteration that motivation can come only by reading the lives of iconic figures. It is a no-brainer that Justice GR Swaminathan rightly points out that if our children are acquainted with the life of Field Marshal Sam Manekshaw, it would certainly inspire them to join the army and serve the nation. This must be implemented promptly and this will benefit the State of Tamil Nadu and its youth the most. Justice GR Swaminathan has rightly been forthright in expressing his frank views which must be implemented right now!
What forms the cornerstone of the judgement, which captures the eyes and minds of all the esteemed readers, is stated in para 5: “Yesterday, ie., 14th February, the nation remembered the martyrs who laid down their lives for the motherland at Pulwama. To add solemnity to the occasion, ‘Sam Manekshaw’s Beloved Armed Forces’ authored by Shri N. Vijayaraghavan, advocate, was released.”
