IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.01.2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.25830 of 2009 And M.P.No.1 of 2009 T.Gandhi ... Petitioner Vs 1.The Forest Ranger, Tigar Sanctuary, Udumalai Range, Udumalpet, Thiruppur (D.t.) 2.The Field Director, Tiger Sanctuary Project, Pollachi. ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to release the Tavera Car Registration No.TN 07 BB 5567 to the petitioner with in such time as may be prescribed by this Hon'ble Court. For Petitioner : M/s.R.Gowthaman For Respondents: Mr.S.N.Kirubanandam, Spl. G.P.(F) ORDER This writ petition has been filed praying for a Writ of Mandamus to direct the respondents to release the Tavera Car, bearing Registration No.TN 07 BB 5567, said to be belonging to the petitioner, within the time limit specified by this Court. 2.The petitioner has stated that he is doing real estate business. While so, the first respondent had seized the Tavera car, bearing Registration No.TN 07 BB 5567, belonging to the petitioner alleging that it was involved in smuggling of sandalwood. Thereafter, the vehicle had been produced before the Judicial Magistrate Court, Udumalaipet. https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioner has stated that the vehicle in question had been used by the petitioner only for his business purposes and not for smuggling of sandalwood, as alleged by the respondents. In such circumstances, the petitioner has preferred the present writ petition before this Court, under article 226 of the Constitution of India. 4.The learned counsel Mr.S.N.Kirubanandam, appearing on behalf of the respondents had submitted that the vehicle in question had been used for smuggling of sandalwood and therefore, it had been seized by the officials of the Forest Department, along with the smuggled sandalwood. The vehicle cannot be released, at this stage, since the enquiry relating to the alleged offence had not been completed. 5.However, confiscation of the vehicle under section 49-A of the Tamil Nadu Forest Act, 1882, would be made only after issuing a show cause notice to the petitioner, under section 49-B of the said Act. Hence, the writ petition filed by the petitioner is premature in nature. 6.In view of the submissions made by the learned counsels appearing on behalf of the parties concerned and on a perusal of the records available, this Court is of the considered view that the petitioner has not shown sufficient cause and reason for granting the relief, as prayed for in the writ petition, at this stage. However, it is made clear that it is open to the petitioner to put forth his case, once a notice is issued by the respondents, under section 49-B of the Tamil Nadu Forest Act, 1882. Thereafter, it would be open to the authorities concerned to pass appropriate orders, in accordance with the relevant provisions of law. 7.The learned counsel Mr.S.N.Kirubanandam, appearing on behalf of the respondents had submitted, at this stage of the hearing of the writ petition, that a notice would be issued to the petitioner, under section 49-B of the Tamil Nadu Forest Act, 1882, within two weeks from today i.e. 18.01.2010, to the owner of the vehicle and thereafter, after giving an opportunity of hearing to the owner, appropriate orders would be passed. The enquiry would be conducted and appropriate orders would be passed, within a period of four weeks thereafter. 8.In view of the submissions made by the learned counsel for the respondents, the respondents are directed to issue the notice, under section 49-B of the Tamilnadu Forest Act, 1882, to the owner of the vehicle concerned, bearing Registration No.TN 07 BB 5567, within a period of two weeks from today and thereafter, to complete the enquiry proceedings and to pass appropriate orders, on merits in accordance with law, within a period of four weeks, subject to the owner of the vehicle co-operating in the said enquiry. https://hcservices.ecourts.gov.in/hcservices/ 9.The writ petition is disposed off with the above directions. No costs. Consequently, the connected MP is also closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar pri To 1.The Forest Ranger, Tigar Sanctuary, Udumalai Range, Udumalpet, Thiruppur (D.t.) 2.The Field Director, Tiger Sanctuary Project, Pollachi. 1 cc to Spl.Government Pleader,(Forests) Sr.No.2716 1 cc to Mr.R.Gowtaman, Advocate, Sr.No.2650 W.P.No.25830 of 2009 And M.P.No.1 of 2009 BK {CO} TP/1.2.2010. https://hcservices.ecourts.gov.in/hcservices/