1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.9282 of 2011 Pandi .. Petitioner Vs. 1.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District. 2.The Assistant Director (Mines), Tirunelveli, Tirunelveli District. 3.The Inspector of Police, Melapalayam Police Station, Melapalayam, Tirunelveli District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to release the petitioner's vehicle (Tipper Lorry) bearing Registration No.TDT 5985. For Petitioner : Mr.V.Kannan For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader O R D E R The petitioner has sought for a Mandamus directing the Revenue Divisional Officer, Tirunelveli, Tirunelveli District, the first respondent herein, to release his vehicle (Tipper Lorry) bearing Registration No.TDT 5985. 2. According to the petitioner, on 05.08.2011, when the vehicle was proceeding with waste sand to the house Plot No.11, near Teachers Colony from a site at Takkamalpuram near Palayamkottai, as per instructions of his customer, viz., M/s.Om Saravana Builders, Thiagaraja Nagar, Tirunelveli, from the site at Takkamalpuram near Palayamkottai, the subordinates of the respondents 1 and 2 intercepted the said vehicle and seized alleging violation of the provisions of Mines and Minerals Act and Rules. Though the petitioner has made a detailed representation to the first respondent on 08.08.2011, for https://hcservices.ecourts.gov.in/hcservices/ 2 release the vehicle, the same has not been not considered so far. The Writ Petition is for the reliefs stated supra. 3.On instructions, Mr.T.S.Mohammed Mohideen, learned Addl. Government Pleader appearing for the respondents submits that the petitioner has not come for adverse notice so far. He further submitted that the prosecution has been launched under the provisions of the Mines and Minerals [Development and Regulation] Act, 1957. 4. In such view of the matter, pending disposal of the adjudication proceedings, this Court is of the view that there is no need to retain the vehicle and hence, a direction is issued to the respondents to release the vehicle in question with the following conditions: (i) The petitioner shall produce the documents before the first respondent to establish the ownership of the vehicle in question; (ii) The petitioner shall deposit a sum of Rs.10,000/- (Rupees ten thousand only) with the first respondent; (iii) The petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future and shall produce the same as and when required by the first respondent; (iv) On doing so, the vehicle in question shall be returned to the petitioner; (v) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned; and (vi) The first respondent is at liberty to proceed under the provisions of the Tamil Nadu Minor Mineral Concession Rules, 1959. 5. The Writ Petition is ordered accordingly. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District. 2.The Assistant Director (Mines), Tirunelveli, Tirunelveli District. 3.The Inspector of Police, Melapalayam Police Station, Melapalayam, Tirunelveli District. MPK rl/4c – 18.8.2011 Order made in W.P.(MD)No.9282 of 2011 Dated:- 18.08.2011 https://hcservices.ecourts.gov.in/hcservices/