1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.13762 of 2011 V.Dharmaraj : Petitioner Vs. 1. The District Collector, Tirunelveli District, Tirunelveli. 2. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District. 3. The Regional Deputy Tahsildar-II, Tirunelveli District, Tirunelveli. 4. The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second and third respondents to release the vehicle Tipper Lorry bearing Registration No.TN-45-X0343. For Petitioner : Mr.S.Sundara Pandian For Respondents : Mr.B.Pugalenthi Special Government Pleader ORDER ****** The present Writ Petition has been filed by V.Dharmaraj seeking for the issuance of a Writ of Mandamus directing the second and third respondents to release the Tipper Lorry bearing Registration No.TN-45- X0343. 2. The petitioner, who is the owner of the Tipper Lorry bearing Registration No.TN-45-X0343, has been using his vehicle for transportation of agricultural product by paying all incidental taxes to the authorities concerned. While so, when the petitioner's driver one Muthumalai was transporting clay soil near Thalaiyuthu Police Station, Tirunelveli, for the purpose of constructing the petitioner's own house on 24.11.2011, the third respondent-the Regional Deputy Tahsildar-II, Tirunelveli, intercepted the said vehicle and on enquiry as to whether the petitioner's driver was having the permit for transporting sand, the petitioner's driver replied that he has carrying the clay soil for the purpose of constructing the petitioner's house and not for commercial https://hcservices.ecourts.gov.in/hcservices/ 2 purpose. But the third respondent refused to accept the said version. As a result, an Athachi has been issued for seizing the tipper lorry. 3. In the meanwhile, the learned Counsel for the petitioner has submitted that the petitioner has made a representation dated 28.11.2011, to the respondents 1 and 2 requesting them to release his vehicle. As there was no reply on his representation, he has come to this Court for release of the vehicle. 4. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 5. The learned Special Government Pleader appearing for the respondents on instructions verified that the petitioner's vehicle was not involved in any other previous case. Further, the explanation offered by the petitioner's driver and also the petitioner in the present Writ Petition shows that they carried the clay soil for the purpose of constructing their own house. 6. Considering the above submissions and the fact that the vehicle has not given any adverse notice on any previous occasion, exposure of the vehicle to the direct sun and rain would certainly cause deterioration and by taking note of the explanation that he has not transported the clay soil for commercial purpose but has transported the clay soil only for construction of the petitioner's own house, this Court is inclined to give a direction to the second respondent-the Revenue Divisional Officer, Tirunelveli, to release the Tipper Lorry bearing Registration No.TN-45-X0343, subject to the following conditions:- (i) The petitioner shall produce documents before the respondents 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; In the result, the Writ Petition stands disposed off. No costs. It is left open to the second respondent to complete the proceedings as expeditiously as possible. ps Sd/- Deputy Registrar[Accounts] /True copy/ TO Assistant Registrar 1. The District Collector, Tirunelveli District, Tirunelveli. https://hcservices.ecourts.gov.in/hcservices/ 3 2. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District. 3. The Regional Deputy Tahsildar-II, Tirunelveli District, Tirunelveli. 4. The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District. Order made in W.P.(MD)No.13762 of 2011 Dated:16.12.2011 3P/5C RPB : 02.01.2012 https://hcservices.ecourts.gov.in/hcservices/