1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.6459 of 2011 and M.P.(MD)No.1 of 2011 M/s.Chendur Earth Movers, Rep.by its Partner G.Manivannan : Petitioner Vs. 1.The District Collector, Sivagangai District, Sivagangai. 2.The Executive Engineer, Public Works Department (WRO), Saruganiyaru Basin Division, Sivagangai. 3.The Revenue Divisional Officer, Sivagangai. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the third respondent to release two TATA Hitachi Poclaim vehicles of the petitioner bearing Engine Nos.OACE001060 and OACE001069 and also to pay the compensation for illegally retaining the vehicles by the third respondent from 28.04.2011 till the realization with interest. For Petitioner : Mr.Veera Kathiravan For Respondents : Mr.B.Pugalendhi Special Government Pleader ORDER Mr.B.Pugalendhi, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 3. The petitioner has filed the present Writ Petition for a Mandamus, directing the third respondent to release two TATA Hitachi Poclaim vehicles of the petitioner bearing Engine Nos.OACE001060 and OACE001069 and also to pay the compensation for illegally retaining https://hcservices.ecourts.gov.in/hcservices/ 2 the vehicles by the third respondent from 28.04.2011 till the realization with interest. 4. It is the case of the petitioner that he is the owner of the vehicles in question. One Balasubramaniam approached the petitioner for supply of machineries for carrying out his contract of removing the sand in Vaigai river in S.F.Nos.185 and 186 of Irugudi Village and S.F.Nos.1/1, 1/2, 1/8, 1/9 and 1/13 of Kirungakottai Village. The first respondent granted permission for conducting sand quarry in favour of the second respondent by proceeding dated 19.02.2011. The second respondent conducted tender process for raising sand in the said survey numbers and the same was accepted for a sum of Rs.4,89,075/-. As per the said agreement, two poclaim machines can be used for removal of sand in Vaigai river and the sand have to be deposited in the godown premises of the second respondent. He has agreed to lease out two of the petitioner's machines for taking sand in the said survey numbers. 5. While so, the third respondent conducted inspection on 28.04.2011 and directed the petitioner's drivers to hand over the keys of the machines and took the custody of the vehicles. The petitioner approached the first and second respondents seeking for release of the vehicle. Since the vehicle has not been released so far, the petitioner has come up with the present Writ Petition for the reliefs stated earlier. 6. Considering the above facts and circumstances, I am inclined to pass the following orders: (i) The petitioner is directed to deposit a sum of Rs.20,000/- (Rupees twenty thousand only) with the third respondent, within a period of one week from the date of receipt of a copy of this order. (ii) On deposit of the said amount, the third respondent is directed to release the vehicle on the following conditions: (a) The petitioner shall produce before the third respondent the relevant documents to establish that he is the owner of the vehicle. (b) He shall execute an affidavit giving undertaking that he will not alienate the vehicle for a period of three months or till the completion of the proceedings, if any, initiated against him. (iii) The respondents are at liberty to initiate proceeding against the petitioner, if the petitioner has violated any of the provisions of the Acts or Rules. But the proceeding has to be taken, within a period of three months from the date of receipt of a copy of this order. If no action is taken against the petitioner, within the said period, the amount deposited by him shall be returned to him; and (iv) The petitioner shall abide by the orders passed by the authorities or the respondents. https://hcservices.ecourts.gov.in/hcservices/ 3 7. The Writ Petition stands ordered accordingly. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Sivagangai District, Sivagangai. 2.The Executive Engineer, Public Works Department (WRO), Saruganiyaru Basin Division, Sivagangai. 3.The Revenue Divisional Officer, Sivagangai. +1cc to Mr.P.Thilakkumar, Advocate, Sr.No.19514 sml ssk/22.06.2011 /5c -3p/- Order made in W.P.(MD)No.6459 of 2011 Dated: 21.06.2011 https://hcservices.ecourts.gov.in/hcservices/