1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.11151 of 2011 Ananja Thalaiver ... Petitioner Vs. 1.The Revenue Divisional Officer Cheranmahadevi, Ambasamuthiram Taluk, Tirunelveli District. 2.The Inspector of Police, Veeravanallur Police Station, Veeravanallur, Ambasamuthiram Taluk, Tirunelveli District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents to release the petitioner's tractor with the trailer bearing Regn.No.TN-23-AZ-4025 and Trailer bearing Regn.No.TN-60-5491 which is now kept under the custody of respondent No.2. For petitioner : Mr.S.Rajasekar For Respondents 1 AND 2 : Mr.B.Pugalendhi,Special Government Pleader O R D E R Claiming himself to be the owner of a Tractor cum trailer, bearing Regn.No.TN-23-AZ-4025 and Trailer bearing Regn.No.TN-60-5491, the petitioner has sought for a mandamus directing the respondents to release the abovesaid vehicle, now under the custody of the Inspector of Police, Veeravanallur, Ambasamuthiram Taluk, Tirunelveli District, the second respondent herein. 2.According to the petitioner, one Balakrishnan, who belongs to Vellankuzhi, Ambasumuthiram Taluk, has taken the vehicle on lease and that on 30.08.2011, the second respondent police seized the vehicle alleging transportation of one unit of sand. The petitioner has not committed any offence or contravention to the provisions of Mines and Minerals [Development and Regulation] Act, 1957 or the Mines and Minerals Concession Rules and therefore, he made representation to the second respondent on 02.09.2011 in person also sent a representation on 14.09.2011. Despite pressing the respondents 1 & 2, they did not release the vehicle. Hence, the present Writ Petition. 3.On this day, when the matter came up for hearing, on instructions from the second respondent, Mr.B.Pugalendhi, learned special Government Pleader appearing for the respondents submitted that the abovesaid tractor cum trailer has involved in Cr.No.248 of 2011 on the file of the second respondent police. He also submitted that the vehicle has not come to any adverse notice on any previous occasion. He further submitted that https://hcservices.ecourts.gov.in/hcservices/ 2 adjudication proceedings under the provisions of Mines and Minerals [Development and Regulation] Act, 1957 would be taken up. The submission of the learned Additional Government Pleader is placed on record. 4.Considering the fact that the vehicle has not come to adverse notice on any previous occasions and retention of the tractor cum trailer in the police station under direct sun, rain etc., would certainly cause deterioration, a direction is issued to the second respondent herein to release the tractor cum trailer, bearing Regn.No.TN-23-AZ-4025 and Trailer bearing Regn.No.TN-60-5491, subject to 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." 5.The Writ Petition stands ordered accordingly. No costs. Sd ASST REGISTRAR ( AS ) /TRUE COPY/ SUB ASST REGISTRAR vs To 1.The Revenue Divisional Officer Cheranmahadevi, Ambasamuthiram Taluk, Tirunelveli District. 2.The Inspector of Police, Veeravanallur Police Station, Veeravanallur, Ambasamuthiram Taluk, Tirunelveli District. 1CC TO MR. S. RAJASEKAR, ADVOCATE, SR: 33642: DM:2011:SEP:28:: W.P.(MD).No.11151 of 2011 28.09.2011 2P:4C: https://hcservices.ecourts.gov.in/hcservices/