1 THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.12627 of 2011 N.Sekar : Petitioner Vs. 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District. 3.The Inspector of Police, Alangulam Police Station, Tirunelveli District. (Crime No.249 of 2011) : Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to release the vehicle Nizan Mini Lorry bearing Registration No.TN-72-G-0025. For Petitioner : M/s.P.Muthudurai For Respondents : Mr.B.Pugalenthi Special Government Pleader ORDER ****** The present Writ Petition has been filed by N.Sekar seeking for the issuance of a Writ of Mandamus directing the second respondent to release the vehicle Nizan Mini Lorry bearing Registration No.TN-72-G-0025. 2. The petitioner, who is the owner of the Nizan Mini Lorry bearing Registration No.TN-72-G-0025, has been using his vehicle for transportation of agricultural product by paying all incidental taxes to the authorities concerned. It has been mentioned that he has purchased the said old Nizan Mini Lorry from one K.Rama Pandian by obtaining financial assistance from a private finance company viz., Mahindra Finance Private Ltd., at Tenkasi, hence, the original R.C. Book of the said vehicle is in the custody of the said Finance Company. The petitioner is also owning three acres of agricultural land in his village and to till his agricultural land, he has been effectively using the said vehicle. While so, when he was transporting one unit of https://hcservices.ecourts.gov.in/hcservices/ 2 sand from Thamirabarani river for construction of his own well situated in his agricultural land on 23.05.2011, the third respondent Inspector of Police, Alangulam Police Station, intercepted the said vehicle and on enquiry as to whether the petitioner's driver was having the permit for transporting sand, the third respondent was replied by the driver that he has been transporting sand for construction of his owner's own well and not for any commercial purpose. Being not satisfied with the said explanation, the vehicle was brought to Alangulam Police Station and a criminal case has been registered in Crime No.249/2011 for the offence under Section 397 r/w. 4(1) 2(A) r/w 21 of Mines and Minerals Development Regulation Act. Since the vehicle is in the custody of the third respondent and exposed to direct sun and rain, the petitioner has made a representation to the first and second respondents. As there was no reply on his representation, he has come to this Court for release of the vehicle. 3. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 4. The learned Special Government Pleader appearing for the respondents submits that the petitioner should also come forward to cooperate with the enquiry to be conducted by the second respondent/the Revenue Divisional Officer, Tenkasi, as per Rule 36(A) of the Tamil Nadu Minor Mineral Concession Rules, 1959, subject to this condition, the petitioner's vehicle may be released. 5. Considering the above submissions and the fact that the vehicle has not given any adverse notice on any previous occasion, exposure of the vehicle to the direct sun and rain would certainly cause deterioration and by taking note of the explanation that he has not transported the sand for commercial purpose but has transported the sand only for construction of his own well situated in his agricultural land, this Court is inclined to give a direction to the second respondent-the Revenue Divisional Officer, Tenkasi, to release the Nizan Mini Lorry bearing Registration No.TN-72-G-0025, subject to the 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. 5,000/- (Rupees Five 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 https://hcservices.ecourts.gov.in/hcservices/ 3 authority concerned; In the result, the Writ Petition stands disposed off. No costs. It is left open to the second respondent to complete the proceedings as expeditiously as possible. Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District. 3.The Inspector of Police, Alangulam Police Station, Tirunelveli District. +One cc to The Spl Govt. Pleader, SR.No.41481 srm rl/5 c- 2.12.2011 Order made in W.P.(MD).No.12627 of 2011 Dated:- 24.11.2011 https://hcservices.ecourts.gov.in/hcservices/