1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.10461 of 2011 R.Rajkumar ... Petitioner Vs. 1.The District Collector, Office of the District Collector, Sivagangai District. 2.The Revenue Divisional Officer, Sivagangai Revenue Division, District Collector Office Campus, Sivagangai District. 3.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District. 4.The Inspector of Police, Thiruppacheti Police Station, Sivagangai District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents to release the petitioner's TATA Open Lorry bearing Registration No.TN-58-E-2116 kept at Tiruppachetti Police Station Campus forthwith by considering the petitioner's representation dated 02.09.2011. For petitioner .. Mr.Malai Kani for Mr.R.Alagumani For respondents .. Mr.B.Pugalenthi, Special Government Pleader for RR1 to 4 ORDER The petitioner, has sought for a mandamus, directing the respondents to release the petitioner's TATA Open lorry bearing Registration No.TN-58-E-2116, detained in Thiruppacheti Police Station Campus, by considering his representation, dated 02.09.2011. 2.According to the petitioner, he is the owner of the vehicle bearing Registration No.TN-58-E-2116 and it is used for transporting bricks, sand, small jalli stones and other construction materials. He further submitted that on 16.06.2011 when the lorry was parked in front of his driver house, at Kanoor Village, Manamadurai Taluk, Sivagangai https://hcservices.ecourts.gov.in/hcservices/ 2 District, the police officials attached to Thiruppachetti Police Station, Sivagangai District, seized the vehicle without assigning any valid reasons. It is the further case of the petitioner that many vehicles bearing Registration Nos.TN-63-E-9133, TN-63-F-2631, TN-63-K-7715 and TN-63-J-9099 were also taken by the police officials of the Thiruppachetti Police Station, Sivagangai District. According to him, though a representation was made on 02.09.2011, the abovesaid vehicle alone has not been released. Therefore, the petitioner has come forward with the present writ petition. 3.When the matter came up for hearing on 20.09.2011, Mr.B.Pugalenthi, learned Special Government Pleader submitted that complete instructions were not furnished by the police officials, regarding the involvement of the petitioner in various criminal cases and therefore, this Court, by order dated 20.09.2011, directed the Superintendent of Police, Sivagangai District, to depute the concerned Special Sub Inspector of Police to instruct the learned Special Government Pleader with all the records pertaining to the case, registered against the petitioner. On this day, on instructions from the Special Sub Inspector of Police, attached to Thiruppachetti Police Station, Sivagangai District, learned Special Government Pleader submitted that the vehicle bearing Registration No.TN-58-E-2116, is owned by the writ petitioner and that the same has been leased out to one Mr.Ravi. He has further submitted that the vehicle bearing Registration No.TN-58-E-2116, was seized on two occasions and that in one occasion, the owner of the vehicle, the petitioner herein, has also paid a fine of Rs.26,190/- before the Revenue Divisional Officer, Sivagangai Revenue Division, Sivagangai District. He further submitted that the lessee, Ravi has been involved in five criminal cases, using some other vehicles. As the petitioner has involved in contravention of the Tamil Nadu Minor Mineral Concession Rules, 1959 and fined a sum of Rs.26,190/-, he is not entitled to seek for the relief and hence, he prayed for dismissal of the writ petition. 4.Heard the learned counsel for the parties and perused the materials available on record. 5.As per the particulars furnished by the Special Government Pleader, five criminal cases have been registered against the said Ravi, and others. The details of the criminal cases, the provisions under which the cases have been registered, the name of the accused, the number of the vehicle involved, and the stage of the cases are as follows; S. No . Crime No. Section/s D/o D/R Name of the accused Vehicle s involve d Stage 1 377/2006 21(1) of the Mines and Minerals (Development and Regulation) Act 06.10.200 6 06.10.200 6 Ravi TN-63- B-3967 PT https://hcservices.ecourts.gov.in/hcservices/ 3 S. No . Crime No. Section/s D/o D/R Name of the accused Vehicle s involve d Stage 2 422/2006 21(1) of the Mines and Minerals (Development and Regulation) Act 07.12.200 6 07.12.200 6 Ravi TN-63- B-3967 PT 3 126/2008 467, 468, 471, 417 and 420 IPC 31.08.200 8 31.08.200 8 Ravi and 18 others - PT 4 210/2008 21(1) of the Mines and Minerals (Development and Regulation) Act 15.11.200 8 15.11.200 8 Ravi TN-65- 9939 Fine Rs.2,000 /- 5 3/2009 21(1) of the Mines and Minerals (Development and Regulation) Act 05.01.200 9 05.01.200 9 Ravi TN-65- 9939 PT 6 - - 11.12.201 0 11.12.201 0 Rajkumar TN-58- E-2116 Fine Rs.26,19 0/- 7 - - 01.06.201 1 01.06.201 1 Ravi TN-58- E-2116 - 6.As regards, the petitioner, owner of the vehicle, the details furnished by the police does not disclose that any criminal case has been registered against him under any penal provisions, including the Mines and Minerals (Development and Regulation) Rules, 1957. As per the details furnished earlier, the petitioner has been imposed with a fine of Rs.26,190/-. As per the report said to have been submitted by the Special Sub Inspector of Police, Thiruppachetti Police Station, Sivagangai District, to the Revenue Divisional Officer, Sivagangai, Sivagangai District, on 01.06.2011 at 04.30 p.m, when the Special Sub Inspector of Police, Mr.Gurusamy, Sub Inspector of Police Mr.Fakruthin, and Head Constables, 1231, 335, were monitoring near river bed, some unknown persons were loading sand in a lorry, bearing Registration No.TN- 58-E-2116, said to have been owned by one Mr.Ravi S/o.Karuppasamy and on seeing them, they ran away from the place leaving the lorry. On verification, it was found that half unit of sand was already loaded in the lorry and thereafter, the vehicle was brought to the Thiruppacheti Police Station. There was no permission for loading the sand. As per the report, submitted by the Special Sub Inspector of Police, Mr.Gurusamy, Thiruppachetti Police Station, Sivagangai District, dated https://hcservices.ecourts.gov.in/hcservices/ 4 01.06.2011, Mr.Ravi had stealthily removed sand with an intention to cause damage to natural resources. He has further submitted that the said Ravi has already involved in five criminal cases viz., Crime Nos.377/2006, 422/2006, 126/2008, 210/2008 and 3/2009. Though the Special Sub Inspector of Police, Thiruppachetti Police Station, Sivagangai District, has categorically stated that owner of the vehicle is one Mr.Ravi, S/o.Karuppasamy, on this day, when the matter came up for hearing, instructions have been given that the vehicle belongs to the petitioner. 7. Sections 21 & 22 of the Mines and Minerals (Development and Regulation) Act, 1957 reads as follows; "21.Penalties.-(1)Whoever contravenes the provisions of sub-Section(1) or sub-Section (1-A) of section 4 shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twenty five thousand rupees or with both. (2)Any rule made under any provision of this Act may provide that any contravention thereof shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and in the case of a continuing contravention, with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention. (3)Where any person trespasses into any land in contravention of the provisions of sub-section (1) of Section 4, such trespasser may be served with an order of eviction by the State Government or any authority authorised in this behalf by that Government and the State Government or such authorised authority may, if necessary, obtain the help of the police to evict the trespassed from the land. (4)Whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and for that purpose, uses any tool, equipment, vehicle or any other thing, such mineral, tool, equipment, vehicle or any other thing shall be liable to be seized by an officer of authority specially empowered in this behalf. (4-A) Any mineral, tool, equipment, vehicle or any other thing seized under sub-section (4), shall be liable to be confiscated by an order of the Court competent to take cognizance of the offence under sub-section (1) and shall be disposed of in accordance with the directions of such Court. (5)Whenever any person raises, without any lawful authority, any mineral from any land, the State Government may recover from such person the mineral so raised, or where such mineral has already been disposed of, the price thereof, and may also recover from such person, rent, royalty or tax, as the case may be, for the period during which the land was occupied by such person without any lawful authority. (6)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence under sub- Section (1) shall be cognizable. 22.Cognizance of offences.- No Court shall take cognizance of any offence punishable under this Act or rules made https://hcservices.ecourts.gov.in/hcservices/ 5 thereunder except upon complaint in writing made by a person authorised in this behalf by the Central Government or the State Government." 8.Rule 36 of the Tamil Nadu Miner Mineral Concession Rules, 1959, makes it clear that whenever any person contravenes the provisions of sub Sections (1) and (1-A) of Section 4 of the Act, in any land, enhanced seigniorage fee upto a maximum of fifteen times the normal rate subject to a minimum of twenty five thousand rupees shall be charged and recovered from that person by the District Collector or the District Forest Officer, as the case may be, or in the alternative, he shall be liable to be punished as provided in sub-section (1) of Section 21 of the Act. 9.The Police Officials, attached to the Thiruppachetti Police Station, without registering any crime against the owner of the vehicle, Mr.Rajkumar, have simply submitted a report to the Revenue Divisional Officer. The details furnished by the Police indicates that the vehicle bearing registration No.TN-58-E-2116 was already involved on 11.12.2010, for which the Revenue Divisional Officer, has imposed a fine of Rs.26,190/-, as per Section 36-A of the Tamil Nadu Miner Mineral Concession Rules, 1959. As many as, five criminal cases have been registered against the said Ravi. 10.Clause (a) of sub-clause (iv-A) of Section 2 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest-offenders, Goonds, Immoral Traffic Offenders and Slum-grabbers Act, 1982, states that in the case of sand-offender, when he is engaged, or is making preparations for engaging, in any of his activities as a sand offender, which affect adversely, or are likely to affect adversely, the maintenance of public order, action can be taken under the prevention laws. 11.Though many criminal cases have been registered against the said Ravi by the police for the period between 2006-2010, for the reasons best known to them, no action has been pursued under the prevention laws. Though the vehicle is stated to have been involved on 01.06.2011, no criminal case has been registered against the offenders and no investigation has not been taken up, except to forward a report. The Police officials have witnessed the loading of sand near a river bed and certain unknown persons have ran away from the scene of occurrence. The Police Officers have simply detained the vehicle and forwarded a report to the Revenue Divisional Officer, Sivagangai Revenue Division, Sivagangai District, as if action under Section 36-A of the Tamil Nadu Miner Mineral Concession Rules, 1959, alone is sufficient and no investigation is required to book the offenders. The Superintendent of Police and District Collector, Sivagangai District, is directed to enquire into the matter and take appropriate action, if required. As per the instructions of the Police, the vehicle bearing Registration No.TN-58-E-2116 has been involved in two cases and on one occasion, a fine of Rs.26,190/-, is stated to have been imposed by the Revenue Divisional Officer. https://hcservices.ecourts.gov.in/hcservices/ 6 12.In the abovesaid circumstances, this Court is not inclined to grant the relief sought for by the petitioner. Hence, the writ petition is dismissed. No costs. gcg Sd/- Deputy Registrar[WRITS] /True copy/ Assistant Registrar To 1.The District Collector, Office of the District Collector, Sivagangai District. 2.The Revenue Divisional Officer, Sivagangai Revenue Division, District Collector Office Campus, Sivagangai District. 3.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District. 4.The Inspector of Police, Thiruppacheti Police Station, Sivagangai District. +1 cc to Mr.R.Alagumani, Advocate SR.No.33173. W.P.(MD)No.10461 of 2011 Dated:26.09.2011 6P/6C RPB 27.09.2011 https://hcservices.ecourts.gov.in/hcservices/