1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26/08/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR Writ Petition (MD)No.9758 of 2011 T.Sankaran ... Petitioner Vs 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Revenue Divisional Officer, Tirunelveli. Tirunelveli District. 3.The Tahsildar, Sankarankoil Taluk, Tirunelveli District. 4.The Inspector of Police, Chockampatti Police Station, Tenkasi Taluk, Tirunelveli District. ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the second respondent to release the vehicle Tractor bearing Registration No.TN-76-E2125. For petitioner ...Mr.P.Muthudurai For respondents ...Mr.B.Pugalendhi Spl. Government Pleader O R D E R Mr.B.Pugalendhi, Special Government Pleader, takes notice for the respondents. By consent of both sides, the writ petition is taken up for final disposal. 2. Owner of a Tractor bearing Registration No.TN76E2125, who had purchased the same after taking financial assistance from Mahindra Finance Private Ltd., Tenkasi, alleged to have transported clay soil from Kaliankankulam Tank in Thiruvettanallur for agriculture purposes, has filed the present writ petition, seeking for a mandamus directing the Revenue Divisional Officer, Tirunelveli District, the second respondent herein, to release the said vehicle, which has been allegedly seized by the Tahsildar, the third respondent herein and retained in the custody of the Inspector of Police, Chokampatti Police Station, Tenkasi Taluk, Tirunelveli District, the fourth respondent herein. https://hcservices.ecourts.gov.in/hcservices/ 2 3. When the matter came up for hearing, on instructions, from the respondents 3 and 4, Mr.B.Pugalendhi, Special Government Pleader, submitted that the vehicle was intercepted by the Tahsildar Sankarankoil Taluk, Tirunelveli District, and thereafter handed over to the fourth respondent. He further submitted that no first information report or proceedings under the Tamil Nadu Minor Minerals Rules 1959 (hereinafter referred to as 'the Rules') have been initiated so far. 4. As per 12(2) of the Rules, the public may be allowed to quarry free of charge for bonafide domestic or agricultural purposes sand, earth or silt from the beds of tanks under the control of the Public Works Department or Revenue Department which are notified by the Collector under this Rule without obtaining permits for quarrying, provided that the dwelling place or agricultural land of the person concerned and the quarrying place shall be in the same revenue village or in the adjoining revenue village. Quarrying for other than bonafide domestic or agricultural purposes shall be subject to the previous permission being obtained from the District Collector concerned and to the payment of seigniorage fee for the quantity of the mineral sought to be removed at the rates specified, from time to time, in Appendix-II to these Rules. 5. Reading of the aforesaid rules makes it clear that removal of clay soil or silt from the beds of tanks for bonafide domestic or agricultural purpose is permissible, if it is done subject to the conditions that the quarrying place, shall be in the same revenue village or in the adjoining revenue village. Permission is sought for only in a case, where it is not used for domestic or agricultural purpose. Though, the petitioner, has contended that excavation and transportation of clay soil from Kaliankankulam Tank in Thiruvettanallur was only for agricultural purpose, no counter affidavit has been filed to rebut the same. Yet another factor to be considered is that though the vehicle is said to have been taken into custody on 22.08.2011, neither a first information report has been registered alleging violation of any penal laws nor a proceeding under the Rules were taken by the competent authority. It is also to be noted that earlier, when the above said Tractor bearing Registration No.TN 76 – E-2125 was alleged to have been transported clay soil, the crime registered has been quashed, by this Court. 6. Facts and circumstances constrained this Court to make an observation that the Revenue Officials, empowered to exercise the powers under the Rules and the statutory provisions, should not unnecessarily cause harassment to the vehicle owners. In the case on hand, it is per se apparent that though the vehicle has been taken into custody on 22.08.2011, has been unnecessarily retained in the custody of the police, without any basis. Under the guise of exercise of power under the Rules, the authorities have exceeded their jurisdiction and acted contrary to the provisions stated supra. https://hcservices.ecourts.gov.in/hcservices/ 3 They have a duty to verify whether the clay soil removed is for a domestic or agricultural purpose, which is permissible in law and if there are materials to believe that it is other than the one stated above, the authorities concerned can initiate appropriate action. 7. In the above facts and circumstances, this Court is of the view that the petitioner is entitled to mandamus and accordingly, a direction is issued to the respondents 2 and 3 to release the vehicle bearing Registration No.TN-76-E-2125. With the above direction, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Revenue Divisional Officer, Tirunelveli. Tirunelveli District. 3.The Tahsildar, Sankarankoil Taluk, Tirunelveli District. 4.The Inspector of Police, Chockampatti Police Station, Tenkasi Taluk, Tirunelveli District. +one cc to Special Government Pleader, Sr.No.29536 Writ Petition No.9758 of 2011 26.08.2011 rr SMA/30.8.2011/6C/3P https://hcservices.ecourts.gov.in/hcservices/