1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2011 CORAM: THE HONOURABLE MR. JUSTICE S.MANIKUMAR W.P.(MD)No.9370 of 2011 and M.P.(MD)No.1 of 2011 A.Maharajan ... Petitioner Vs. 1.The District Collector, Tirunelveli District. 2.The Revenue Divisional Officer, Tirunelveli. 3.The Zonal Deputy Tahsildar II, Tirunelveli. 4.The Inspector of Police, Thatchanallur Police Station, Tirunelveli District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to release the petitioner's JCB bearing Registration No.TN-72/AH 2643 to the petitioner. For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.B.Pugalendi, Spl.G.P. O R D E R Mr.B.Pugalendi, learned Special Government Pleader takes notice for the respondents. By consent, the Writ petition itself is taken up for final hearing. 2.The petitioner has sought for a Mandamus, directing the respondents to release JCB bearing Registration No.TN-72/AH-2643 and for further orders. 3.According to the petitioner that on 04.08.2011, when his driver was quarrying red soil gravel from a pond, his JCB vehicle has been seized by the Inspector of Police, Thatchanallur Police Station, Tirunelveli / 4th respondent herein for contravention of the Tamil Nadu Minor Minerals Concession Rule, 1959. It is the contention of the petitioner that as per Rule 6 of the Tamil Nadu Minor Minerals Concession Rules, 1959, public can be permitted to quarry red soil gravel for domestic purposes upto 800 cart load and hence, the petitioner has not committed any offence and therefore, retention of the vehicle is arbitrary. Though the petitioner has approached the Revenue Divisional Officer, Tirunelveli / 2nd respondent for release of the said vehicle with necessary documents, no action has been taken. Hence, he has filed the present Writ petition. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Mr.B.Pugalendi, learned Special Government Pleader for the respondents, submitted that the petitioner herein has indulged in violation of the provisions of the Tamil Nadu Minor Minerals Concession Rules, 1959, on two occasions, for transporting of red soil gravel and that proceedings are pending in A4/1917/2011 and A4/2010/2011, on the file of the Revenue Divisional Officer, Tirunelveli. Show cause notices have also been issued for the same. The said submission of the learned Special Government Pleader is placed on record. 5.Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents and perused the materials available on record. 6.From the above pleadings, it could be seen that already, the petitioner is alleged to have involved in two previous cases of quarrying of red soil and thereby violated the provisions of the Tamil Nadu Minor Minerals Concession Rules, 1959. Though this Court is not suggesting that action should be taken against the petitioner, under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-offenders, Forest offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982, perusal of the definition of Section 2(iv-A) shows that in the case of sand offender, when he is engaged, or is making preparations for engaging, in any of his activities as a sand-offender, which affect adversely, or are likely to affect adversely, the maintenance of public order, an order of preventive detention could be passed. The above observation is made only to indicate that when there is a provision in Act 14 / 82, to prevent illegality, the District Collector can take note of the same and act accordingly. It is further stated by the learned Special Government Pleader that criminal cases are registered in the above said two proceedings, which shows the repetitive acts of the petitioner, in alleged violation of the provisions of the Tamil Nadu Minor Minerals Concession Rules, 1959. 7. In such view of the matter, pending adjudication or proceedings to be completed at the earliest, in accordance with the statutory provisions, 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 4th respondent to establish the ownership of the vehicle in question; (ii) The petitioner shall deposit a sum of Rs.20,000/- (Rupees twenty thousand only) with the 4th 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 4th 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 (vi) The 4th respondent is at liberty to proceed under the provisions of the Tamil Nadu Minor Minerals Concession Rules, 1959. https://hcservices.ecourts.gov.in/hcservices/ 3 8. The Writ Petition is ordered accordingly. No costs. Consequently, connected M.Pis closed. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District. 2.The Revenue Divisional Officer, Tirunelveli. 3.The Zonal Deputy Tahsildar II, Tirunelveli. 4.The Inspector of Police, Thatchanallur Police Station, Tirunelveli District. +1cc to Special Government Pleader, SR.No.28582 +1cc to Mr.T.A.Ebenezer, Advocate, SR.No.28466 nbj GH : 23.08.2011 : 3p/7c W.P.(MD)No.9370 of 2011 22.08.2011 https://hcservices.ecourts.gov.in/hcservices/