1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/8/2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.9380 of 2011 J. Baskar .. Petitioner Vs. 1. The Revenue Divisional Officer, Tirunelveli Tirunelveli District. 2. The Tahsildar Palayamkottai Taluk Tirunelveli District. 3. The Inspector of Police Perumalpuram Police Station Tirunelveli District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to release the vehicle viz., Ashok Leyland Tipper Lorry bearing its registration No.TN28AD- 2016 forthwith. For Petitioner : Mr.R.Anand For Respondents : Mr.B.Pugalenthi, Spl.G.P. O R D E R Seeking for a Mandamus, directing the respondents to release the vehicle bearing Registration No.TN28AD-2016 seized by the Tahsildar, Palayamkottai Taluk, Tirunelveli District, the petitioner has come forward with the present Writ Petition. 2. According to the petitioner, he is the Managing Partner of one J.K.Constructions, who owns the vehicle viz., Tipper Lorry bearing Registration No.TN28AD-2017. The above said vehicle was entrusted on contract basis to one Subbiah, who is a lessee of quarry site at Palayamkottai, Tirunelveli District. When the said vehicle was used for transporting crusher powder, it was intercepted on 15/7/2011 and thereafter, kept in the custody of the Inspector of Police, Perumalpuram Police Station, Tirunelveli District. Though the petitioner has submitted representation dated 27/7/2011 to release the vehicle and also submitted that there was no illicit transportation, warranting action under the Tamil Nadu Minor Mineral Concession Rules, the vehicle has not been released so far and it is kept in open to air, sun and rain. In the above said circumstances, the petitioner has come forward with the present writ petition. 3. On instructions from the Inspector of Police, Perumalpuram Police Station, Tirunelveli District, Mr.B.Pugalendhi, Special Government Pleader submitted that, the https://hcservices.ecourts.gov.in/hcservices/ 2 vehicle has intercepted on 15/7/2011 by the Tahsildar, Palayamkottai Taluk, Tirunelveli District and it is in the custody of the third respondent. He further submitted that the petitioner has not come to any adverse notice of the third respondent. Though the learned counsel appearing for the petitioner has contended that transportation of crusher powder, would not attract the penal provisions of Tamil Nadu Minor Mineral Concession Rules and that he has not committed any offence, this Court is not inclined to advert to the same. However, considering the fact that the vehicle bearing Registration No.TN28AD-2016 has not come to any adverse notice, there shall be a direction to release the said vehicle 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; and (v) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned 7. The Writ Petition is ordered accordingly. No costs. Sd/- Assistant Registrar(W) /True Copy/ Sub-Assistant Registrar To 1. The Revenue Divisional Officer, Tirunelveli Tirunelveli District. 2. The Tahsildar, Palayamkottai Taluk, Tirunelveli District. 3. The Inspector of Police Perumalpuram Police Station, Tirunelveli District +One cC to The Spl. Govt. Pleader, SR.No.28581 mvs rl/5c – 23.8.2011 Order made in W.P.(MD)No.9380 of 2011 22/8/2011 https://hcservices.ecourts.gov.in/hcservices/