1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.12.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.14824 of 2011 Vanumamalai :Petitioner -Vs- 1. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District. 2. The Tahsildar, Tirunelveli Taluk, Tirunelveli District. 3. The Inspector of Police, Thatchanallur Police Station, Tirunelveli District. :Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, directing the respondents to release the petitioner's vehicle (Tipper Lorry) bearing Registration No.TN 72 AB 6751 seized by the second respondent on 09.12.2011. For Petitioner : Mr.V.Kannan For Respondents : Mr.B.Pugalenthi, Spl. Government Pleader ORDER The petitioner S.Vanumamalai is the owner of the heavy goods vehicle tipper lorry bearing Registration No.TN 72 AB 6751. After purchasing the same from the registered owner of the above said vehicle, he has been engaging it to eke out his livlihood for carrying materials for building construction and other agricultural operations. Though he has strictly instructed his driver to use the said vehicle only for lawful purpose, on 09.12.2011, the petitioner's driver was carrying one load of river sand from his own stock yard towards his house plot at Balabagya Nagar, Tirunelveli. But the subordinates of the respondents 1 and 2, the Revenue Divisional Officer and the Tahsildar, intercepted the petitioner's vehicle and seized the same alleging violation of the provisions of Mines and Minerals Act and Rules. Immediately thereafter, the petitioner has given his representation on 12.12.2011 to the respondents 1 and 2 in person and also followed by registered post requesting them to release his vehicle, but the respondents had categorically declined to consider the release of the vehicle, resultantly he has come to this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Mr.B.Pugalenthi, learned Special Government Pleader appearing for the respondents after taking notice to ascertain that the petitioner had any antecedents, reported on instruction that the petitioner has not suffered any antecedents. In any event, the petitioner has to face the proceeding before the Revenue Divisional Officer, Tirunelveli. In such circumstances, since the vehicle in question has been exposed to sun and rain which will ultimately deteriorate the utility of the vehicle, if not released after so much of time, this Court is inclined to direct the first respondent R.D.O, Tirunelveli to release the vehicle 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; 3.It is needless to mention that the petitioner has to co- operate with the further proceedings to be initiated by the first respondent. With this, the Writ Petition stands disposed of. No costs. SD/- Assistant Registrar (AS) / TRUE COPY / Sub Assistant Registrar To: 1. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District. 2. The Tahsildar, Tirunelveli Taluk, Tirunelveli District. 3. The Inspector of Police, Thatchanallur Police Station, Tirunelveli District. RP/28.12.2011/2P/4C. W.P.(MD)No.14824 of 2011 https://hcservices.ecourts.gov.in/hcservices/