1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06/09/2011 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR WP(MD)No.9899 of 2011 S.Salomon :Petitioner -Vs- 1.The Revenue Divisional Officer, Sivagangai, Sivagangai District. 2.The Tahsildar, Ilayankudi Taluk, Sivagangai District. :Respondents PRAYER:Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the first respondent to release the petitioner's Tractor and Trailer bearing Registration No. TN 65 Y - 8840 seized on 31.07.2011 by the second respondent to the petitioner. For petitioner :Mr.S.K.Pattu Raja For Respondents :Mr.B.Pugalendhi, Special Government Pleader ORDER Seeking for a Mandamus, directing the first respondent to release the petitioner's Tractor and Trailer bearing Registration No. TN 65 Y - 8840, which was seized on 31.07.2011 by the Tahsildar, Ilayankudi Taluk, Sivagangai District, the second respondent herein, the present writ petition has been filed. 2.According to him, he is the owner of Tractor and Trailer bearing Registration No. TN 65 Y - 8840. The vehicle was used for agricultural operations for sometime. On 31.07.2011, when the abovesaid vehicle was transporting agricultural wastage for his agricultural lands, the Tahsildar, Ilayankudi Taluk, Sivagangai District, the second respondent herein, intercepted the vehicle and seized the same alleging that the petitioner had used the same for carrying minerals without any valid permit. It is the grievance of the petitioner that though he has given a detailed representation on 01.08.2011, to the Revenue Divisional Officer, Sivagangai, Sivagangai District, the first respondent herein, the same has not been considered and hence, the present Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 2 3.On this day when the matter came up for hearing, on instructions, Mr.B.Pugalendhi, learned Special Government Pleader appearing for the respondents submitted that the vehicle has come to adverse notice any previous occasion. But, the vehicle was alleged to have transported the red soil, for which, the proceedings have been initiated by the Revenue Divisional Officer and that, a notice has been issued on 29.08.2011. The submission of the learned counsel is placed on record. 4.Since criminal law has already been set in motion, pending adjudication under the Mines and Minerals [Development and Regulation] Act, 1957 by the respondents, this Court is inclined to direct the first respondents to release the petitioner's vehicle bearing Regn.No. TN 65 Y - 8840 with the following conditions: "(i)The petitioner shall produce 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." 5.The Writ Petition stands ordered accordingly. No costs. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1. The Revenue Divisional Officer, Sivagangai, Sivagangai District 2. The Tahsildar, Ilayankudi Taluk, Sivagangai District. vsg PA/06.09.2011/2P/3C. W.P.(MD).No.9899 of 2011. 06.09.2011. https://hcservices.ecourts.gov.in/hcservices/