1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.11858 of 2011 S.Shanmugathai ... Petitioner Vs. 1. The District Collector, Tirunelveli District, Tirunelveli. 2. The Revenue Divisional Officer, Tenkasi, Tirunelveli District. 3. The Tahsildar, Alangulam Taluk, Tirunelveli District. 4. The Inspector of Police, Alangulam Police Station, Alangulam Taluk, Tirunelveli District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the second respondent to release the vehicle Tractor bearing Registration No.TN-76A- 8847 and Trailer bearing Registration No.TN-76A-8956. For Petitioner : Mr.P.Muthudurai For Respondents : Mr.B.Pugalenthi, Additional Govt. Pleader O R D E R The present Writ Petition is filed for issuance of a Writ of Mandamus to direct the second respondent, the Revenue Divisional Officer, Tenkasi, Tirunelveli District to release the petitioner's vehicle viz., Tractor bearing Registration No.TN-76A-8847 and Trailer bearing Registration No.TN- 76A-8956. 2. It has been pleaded before this Court that the petitioner is the owner of the vehicle bearing Registration No.TN-76A-8847 and Trailer bearing Registration No.TN-76A-8956. She has purchased the same for a sum of Rs.3,00,000/- to use the vehicle for agricultural purpose. she purchased the said vehicle by using financial assistance from a Private Finance Company viz., Mahindra Finance Private Limited, Tenkasi and the original R.C. Book of the said Tractor is in custody of the said Mahindra Finance Private Limited, Tenkasi. While so, on 12.10.2011 at about 7.00 p.m., when the petitioner's driver was transporting blue metal jellies by using her tractor from Maries Blue Metals, Alangulam, the fourth respondent, the Inspector of Police, Alangulam Police Station, Tirunelveli District intercepted the petitioner's vehicle and enquired as to whether any permit has been obtained by the petitioner for transporting the jellies. Though https://hcservices.ecourts.gov.in/hcservices/ 2 the petitioner's driver replied to the fourth respondent that he has been transporting the Maries Blue Metals as per the license issued by the first respondent, the District Collector, Tirunelveli District, Tirunelveli, the fourth respondent refused to hear any more explanation and seized the custody of the vehicle. Even after some time, when the petitioner approached the third respondent to release the vehicle, the said request was refused and as a result, the petitioner has come to this Court. 3. Mr.B.Pugalenthi, learned Special Government Pleader after taking notice has filed a counter through the third respondent. The allegation mentioned by the petitioner has been denied. It has been mentioned in the counter that when the vehicle checking was done by the fourth respondent on 12.10.2011, in order to prevent the illicit transport of mines, the petitioner vehicle was also checked by the officials from the fourth respondent police station and it was found that the petitioner was transporting blue metals. Therefore, the averments made by the petitioner in the Writ Petition that he has not transported any blue metal in the vehicle is not true. At the time of inspection, the driver of the vehicle himself has accepted that the materials carried in the vehicle was sand. That apart, the petitioner's driver Mr.Arun Suresh at the time of receiving a copy of the memo viz., athatchi, signed the same without any objection and hesitation which shows that the petitioner has used the vehicle only for transporting sand. Be that as it may, now the petitioner has asked for the release of the vehicle as she is prepared to co-operate with the enquiry with the second respondent, the Revenue Divisional Officer, Tenkasi, Tirunelveli. 4. By accepting her undertaking to co-operate with the enquiry, this Court directs the second respondent, the Revenue Divisional Officer, Tenkasi, Tirunelveli District to release the vehicle bearing Registration No.TN-76A-8847 and Trailer bearing Registration No.TN-76A-8956 forthwith, subject to the following conditions:- (i) The petitioner shall produce the necessary documents before the second respondent, to establish her ownership of the vehicle in question. (ii) The petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) with the second respondent and she is directed to co-operate with the enquiry. (iii) The petitioner shall give an undertaking that she will not use the vehicle for any illegal activities in future and that she would produce the same as and when required by the second respondent. (iv) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned. The writ petition is ordered accordingly. No costs. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar(C.S) https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The District Collector, Tirunelveli District, Tirunelveli. 2. The Revenue Divisional Officer, Tenkasi, Tirunelveli District. 3. The Tahsildar, Alangulam Taluk, Tirunelveli District. 4. The Inspector of Police, Alangulam Police Station, Alangulam Taluk, Tirunelveli District. +1. CC to the Special Government Pleader, SR.No. 40343 akv W.P.(MD)No.11858 of 2011 17.11.2011 TR : 09.12.2011: 3p/6c https://hcservices.ecourts.gov.in/hcservices/