1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD)No.162 of 2011 E.Chinnathambi ...Petitioner Vs. 1.The Revenue Divisional Officer, Thoothukudi District. 2.The Tahsildar, Srivaikundam Taluk, Thoothukudi District. 3.The Inspector of Police, Murappanadu Police Station, Thoothukudi District. ...Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to release the seized bullock cart seized on 08.02.2010 by the respondents to the petitioner. For Petitioner : Mr.D.Venkatesh For Respondents : Mr.P.Thilak Kumar Additional Government Pleader O R D E R The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondents to release the bullock cart, which was seized on 08.02.2010 by the respondents. 2.It is the case of the petitioner that he is owner of the bullock cart and the same is being used for agricultural operations. Sometimes, he used to carry building materials through the said bullock cart. That is the only source of income for him. 3.While so, on 08.02.2010, when his bullock cart was transporting agricultural waste for his agricultural lands near Aazhikudi Village, the second respondent has intercepted the same and taken his bullock cart in custody. The same was not returned, in spite of several representations. Hence, the petitioner has come up with the present Writ Petition for the reliefs stated earlier. 4.On notice, the learned Additional Government Pleader represents that the bullock cart was seized on 08.02.2010, since it was carrying sand illegally. However, the fact remains that though the bullock cart was seized on 08.02.2010, till date, even after one year and one month, no action was taken against the petitioner and no proceeding was initiated against the petitioner under the provisions of any of the Act. The person owning the bullock cart could only be a poor person. https://hcservices.ecourts.gov.in/hcservices/ 2 5.In such circumstances, the respondents, without initiating any action, even assuming that the petitioner was carrying on illegal quarry of sand, cannot keep the bullock cart of the petitioner for more than one year and one month without any further action. 6.In view of the above stated position, I direct the respondents to release the bullock cart seized by them on 08.02.2010 within a period of two days from this date. 7. The Writ Petition stands ordered accordingly. No costs. However the respondents are at liberty to initiate proceedings against the petitioner in accordance with law. 8.The learned Additional Government Pleader is directed to inform the respondents today itself about the order passed by this Court and the respondents need not wait for the order to comply with the direction issued by this Court. Sd/- Deputy Registrar(LA) /True copy/ Assistant Registrar To 1.The Revenue Divisional Officer, Thoothukudi District. 2.The Tahsildar, Srivaikundam Taluk, Thoothukudi District. 3.The Inspector of Police, Murappanadu Police Station, Thoothukudi District. +1 CC to M/s D.Venkatesh, Advocate, SR.NO.5665 +1 CC to the Special Government Pleader, SR.No.5768 ps/sml W.P.(MD)No.162 of 2011 09.03.2011 TR : 10.03.2011 : 2p/6c : IT https://hcservices.ecourts.gov.in/hcservices/