1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.8552 of 2011 K.Karunanithi .. Petitioner Vs. 1.The Revenue Divisional Officer, Aranthangi, Pudukkottai District. 2.The Inspector of Police, Manamelkudi Police Station, Pudukkottai District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to release the tractor & trailer bearing Registration No.TN-55-Y-1056 seized on 24.06.2011 by the second respondent to the petitioner. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader O R D E R The petitioner has sought for a Mandamus directing the Revenue Divisional Officer, Aranthangi, Pudukkottai District, the first respondent herein to release his tractor & trailer bearing Registration No.TN-55-Y-1056 seized on 24.06.2011 by the Inspector of Police, Manamelkudi Police Station, Pudukkottai District, the second respondent herein, to him. 2. According to the petitioner, on 24.06.2011, when the tractor -cum trailer was parked in his house, the second respondent seized the vehicle alleging that the petitioner had indulged in quarrying sand, on the instructions of the Inspector of Police, Kottaipattinam Police Station. Though the petitioner has made a detailed representation on 26.06.2011, requesting the first respondent to release the vehicle, the same was not considered so far. The Writ Petition is for the reliefs stated supra. 3. On instructions from the second respondent, the learned Additional Government Pleader submitted that a case has been registered in Crime No.145 of 2011 by the Inspector of Police, Manamelkudi Police Station, Pudukkottai District alleging that Mr.Gunasekaran, Inspector of Police, Kottaipattinam Police Station and few other policemen have indulged in illegal removal of sand and in that, the same had been transported in 32 tractors and trailers and JCB. He further submitted that as the tractor -cum- trailer bearing Registration No.TN-55-Y-1056 owned by the petitioner was also involved in transportation of sand along with one Mr.Dhandayuthapani, Constable, it was seized. It is the further submission of the learned Additional Government Pleader that after https://hcservices.ecourts.gov.in/hcservices/ 2 registration of the First Information Report against the policemen and others responsible for the commission of offences, under Section 21(A)(B) of the Mines and Minerals (Regulation and Development) Act, 1957, intimation has been given to the higher authorities. In these circumstances, he opposed the relief for releasing the vehicle. 4. Heard the learned counsel for the parties and perused the materials available on record. 5. Now that a case has been registered under the provisions of the Mines and Minerals (Regulation and Development) Act, 1957, the Revenue Divisional Officer, Aranthangi, Pudukkottai District, can deal with the adjudication proceedings under Rule 36(A) of the Tamil Nadu Minor Mineral Concession Rules, 1959 and pass appropriate orders. 6. In such view of the matter, pending disposal of the adjudication proceedings, this Court is of the view that there is no need to retain the vehicle and hence, a direction is issued to the respondents to release the vehicle in question 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; (v) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned; and (vi) The first respondent is at liberty to proceed under the provisions of the Tamil Nadu Minor Mineral Concession Rules, 1959. 7. The Writ Petition is ordered accordingly. No costs. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, Aranthangi,Pudukkottai District. 2.The Inspector of Police, Manamelkudi Police Station,Pudukkottai District. +1cc to Mr.T.Lenin Kumar, Advocate, Sr.No.25595 Order made in W.P.(MD)No.8552 of 2011 sml/sma/2.8.2011/4c/2p Dated:- 02.08.2011 https://hcservices.ecourts.gov.in/hcservices/