1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13/07/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.7761 of 2011 V.Ravichandran ... Petitioner Vs. 1.The Revenue Divisional Officer, Thiruvadanai Taluk, Ramanathapuram District. 2.The Sub-Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondent to release the Tractor and Trailer bearing Registration No.TN-63-P-0416 and TN-65-E-5749 to the petitioner. For petitioner .. Mr.N.Karthik Kanna For respondents .. Mr.B.Pugalendhi Special Government Pleader ORDER Seeking for a writ of mandamus directing the respondents to release the tractor and trailer bearing Registration Nos.TN-63-P-0416 & TN-65-E-5749, the petitioner has come forward with this writ petition. 2.Mr.B.Pugalendhi, learned Special Government Pleader takes notice for the respondents. 3.Heard the learned counsel for the parties. 4.It is the case of the petitioner that he owns a tractor bearing Registration No.TN-63-P-0416 and constructing a house at Keelandhal Village, for which, he has purchased sand from PWD during April 2011 and after construction, there was surplus sand. While the surplus sand was taken from his house to Alagunatchiammal Temple for the construction of Mandabam, the vehicle was intercepted by Head Constable Nos.1566 & 1018 attached to the R.S.Mangalam Police Station on 18.06.2011 at 06.00 a.m. alleging that there was illegal transportation of sand. The Police arrested the petitioner and the driver of the tractor one Muthukumar, as if they had taken sand from the river without due permission, and seized the tractor with sand and also registered a case against the petitioner in Crime No.103 of 2011 on the file of the R.S.Mangalam Police Station for the offence punishable under Section 379 IPC. 5.According to the petitioner, he has not transported sand illegally and it was only for the purpose of construction of a house and that too with valid permit. https://hcservices.ecourts.gov.in/hcservices/ 2 6.Be that as it may, on instructions, Mr.B.Pugalendhi, learned Special Government Pleader submitted that the petitioner and the vehicle involved have not come to any adverse notice so far. He further submitted that on the said date, there was an illegal transportation of sand in the petitioner's vehicle and therefore, a case has been registered against the petitioner on the file of the R.S.Mangalam Police Station. For the above said reasons, he prayed for the dismissal of the writ petition. 7.Considering the fact that the registration of the criminal case is under investigation and no proceedings have been initiated under the Tamil Nadu Mines and Mineral Concession Rules, 1959 and no finality has been arrived at, this Court is inclined to direct the first respondent to release the vehicle bearing Registration Nos.TN-63-P-0416 & TN-65-E-5749 with the following conditions: "(i) The petitioner shall produce 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." (vi) Liberty is given to the competent authority to initiate appropriate proceedings under the Tamil Nadu Mines and Minerals Concession Rules, 1959, if there are materials in respect of illegal transportation of mines. 8.The Writ Petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar (A.S) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Revenue Divisional Officer, Thiruvadanai Taluk, Ramanathapuram District. 2.The Sub-Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District. + 1 cc to Mr.C.Palanivelrajan, Advocate, SR No.22692 W.P.(MD) No.7761 of 2011 13.07.2011 gcg RJ/13.7.11 (IT) 2p/4c https://hcservices.ecourts.gov.in/hcservices/