1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9362 of 2011 Rowther Naina Mohammed ... Petitioner -Vs- 1. The Revenue Divisional Officer Ramanathapuram Taluk Ramanathapuram District 2. The Inspector of Police S.P.Pattinam Police Station Ramanathapuram District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents to release the Tractor and Trailer bearing registration number TN- 65 J-4248 and TN 59 AE - 7776 to the petitioner. For Petitioner : Mr.N.Karthik Kanna For Respondents : Mr. B.Pugalenthi Special Government Pleader O R D E R Seeking for a Mandamus directing the respondents to release the Tractor and Trailer bearing registration number TN- 65 J-4248 and TN 59 AE - 7776 to the petitioner. 2. Perusal of the supporting affidavit shows that the Tractor and Trailer bearing registration number TN- 65 J-4248 and TN 59 AE - 7776, has been seized by the Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District, the second respondent herein, on the complaint of the Village Administrative Officer of Orur Group alleging illicit transport of sand. Based on the complaint, the Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District, the second respondent herein, has registered a case in Crime No. 46 of 2011 for offences under Sections 379 IPC and 21(1) of Mines and Mineral Regulation Act. It is the contention of the learned counsel for the petitioner that the vehicle is not involved in illicit transport. 3. However, on instructions from the respondents, Mr. B.Pugalenthi, learned Special Government Pleader, submitted that the vehicle was found abandoned and that on the complaint of the Village Administrative Officer of Orur Group, a case in Crime No. 46 of 2011 has been registered and now the vehicle is in the custody of the Revenue Divisional Officer, Ramanathapuram Taluk, Ramanathapuram District, for taking appropriate action under the Mines and Minerals (Regulation and Development) Act, 1957. He also submitted that the petitioner has not come to adverse notice on earlier occassion. His submission is placed on record. https://hcservices.ecourts.gov.in/hcservices/ 2 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 Mineral Regulation Act, the Revenue Divisional Officer, Ramanathapuram Taluk, Ramanathapuram District, can deal with the adjudication 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 7. The Writ Petition stands ordered accordingly. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar(CS) To 1. The Revenue Divisional Officer Ramanathapuram Taluk,Ramanathapuram District 2. The Inspector of Police S.P.Pattinam Police Station, Ramanathapuram District vsg GH : 23.08.2011 : 2p/3c W.P.(MD).No.9362 of 2011 22.08.2011 https://hcservices.ecourts.gov.in/hcservices/