1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.4286 of 2011 and M.P.(MD)No.1 of 2011 S.Vetrivelmurugan : Petitioner Vs. 1.The Revenue Divisional Officer, Sivakasi, Virudhunagar District. 2.The Tahsildar, Srivilliputtur Taluk, Virudhunagar District. 3.The Inspector of Police, Vanniyampatti Police Station, Srivilliputtur Taluk, Virudhunagar District. 4.The Deputy Director (Mines & Minerals), Virudhunagar, Virudhunagar District. : 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 the petitioner's tractor bearing Registration No.TN-60-0777 illegally seized by the second respondent forthwith and consequentially, to direct the second respondent to pay compensation to the petitioner for the illegal seizure of his vehicle. For Petitioner : Mr.M.Ajmal Khan For Respondents : Mr.V.Rajasekaran Special Government Pleader ORDER Mr.V.Rajasekaran, 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 his tractor https://hcservices.ecourts.gov.in/hcservices/ 2 bearing Registration No.TN-60-0777 illegally seized by the second respondent forthwith and consequentially, to direct the second respondent to pay compensation to him for the illegal seizure of his vehicle. 4. It is the case of the petitioner that he is engaged in the business of manufacture and sale of country bricks. He is having permit to carry the sand in the vehicle in question. While so, on 01.04.2011 at about 08.15 a.m., when the driver of the petitioner was transporting sand from the licence area to the brick klin in the tractor bearing Registration No.TN-60-0777, the second respondent intercepted the vehicle and seized the same and thereafter, entrusted the custody of the vehicle to the third respondent. Therefore, the petitioner has sent a representation dated 02.04.2011 to the first respondent in this regard. However, the same was not considered so far. Hence, the petitioner has approached this Court by filing the present Writ Petition for the reliefs stated earlier. 5. 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.15,000/- (Rupees fifteen thousand only) with the second 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 second respondent is directed to release the vehicle on the following conditions: (a) The petitioner shall produce before the second 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; (iv) The petitioner shall abide by the orders passed by the authorities or the respondents. 6. The Writ Petition stands ordered accordingly. Consequently, the connected miscellaneous petition is closed. No costs Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Revenue Divisional Officer, Sivakasi, Virudhunagar District. 2.The Tahsildar, Srivilliputtur Taluk, Virudhunagar District. 3.The Inspector of Police, Vanniyampatti Police Station, Srivilliputtur Taluk, Virudhunagar District. 4.The Deputy Director (Mines & Minerals), Virudhunagar, Virudhunagar District. +1cc to Mr.M.Ajmal Khan, Advocate Sr.No.13618 SML akm/12.04.11 /3p-6c/ Order made in W.P.(MD)No.4286 of 2011 Dated: 11.04.2011 https://hcservices.ecourts.gov.in/hcservices/