1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 6/9/2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.9833 of 2011 N. Ravirajan .. Petitioner Vs. 1. The District Collector O/o. The District Collector Nagercoil, Kanyakumari District. 2. The Tahsildar Padmanabapuram Thekalay Kanyakumari 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 second respondent to release the petitioner's vehicle TATA 407 Tipper Tempo bearing Registration No.TN74R-1121 in the name and style of Kamalam Devadass to the petitioner forthwith. For Petitioner : Mr.N.Mohamed Asif For Respondents : Mr.B.Pugalenthi, Spl.G.P O R D E R Seeking for a Mandamus, directing the Tahsildar, Padmanabhapuram, Thuckalay, Kanyakumari District, the second respondent herein, to release the vehicle bearing Registration No.TN74R-1121 in the name and style of Kamalam Devadass to the petitioner forthwith, the petitioner has come forward with the present Writ Petition. 2. According to the petitioner, that on 22.08.2011, when the petitioner along with his driver was digging red soil, the second respondent, intercepted the vehicle and detained the same on the ground that, he had violated Sections 4 (1), 21, 22, 23 and 23 A of Tamil Nadu Mines and Minerals Concession Act, 1959 and Rule 26 (a) of Mines and Minerals Concession Rules. It is the further contention of the petitioner that, in spite of producing documents pertaining to the vehicle, the same was not released. Thereafter, he made a representation dated 23/8/2011 to the second respondent, which has not been responded and hence, the present Writ Petition. 3. On instructions from the respondents, Mr.B.Pugalenthi, Special Government Pleader submitted that, the petitioner has not come to any adverse notice of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Considering the fact that the vehicle bearing Registration No.TN74R-1121 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 5. The Writ Petition is ordered accordingly. No costs. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To 1. The District Collector O/o. The District Collector Nagercoil, Kanyakumari District. 2. The Tahsildar Padmanabapuram Thuckalay, Kanyakumari District. +1 CC to Mr.N.Mohamed Asif, Advocate (SR.No.30127) Order made in W.P.(MD)No.9833 of 2011 Dated:- 6/9/2011 mvs NSV/6.9.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/