1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.9151 of 2011 and M.P.(MD)No.1 of 2011 M.Mariappan .. 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 is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to release the petitioner's tipper bearing Registration No.TN 72 AE 9181, to the petitioner. For Petitioner : Mr.T.A.EBenazer For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader O R D E R The petitioner has sought for a Mandamus, directing the respondents to release the petitioner's tipper bearing Registration No.TN 72 AE 9181, to the petitioner. 2. According to the petitioner, the vehicle was seized on 04.08.2011, on the allegation that with the help of JCB, the driver of the vehicle quarried red soil gravel from the pond and transported 1-1/2 unit of red soil gravel, and sent to the custody of the 4th respondent Police, by the 3rd respondent officials. Though the petitioner has made a detailed representation to the second respondent on 08.08.2011, for release the vehicle, the same has not been not considered so far. The Writ Petition is for the reliefs stated supra. 3.On instructions, Mr.T.S.Mohammed Mohideen, learned Addl. Government Pleader appearing for the respondents submits that the petitioner has not come for adverse notice so far. He further submitted that the prosecution has been launched under the provisions of the Mines and Minerals [Development and Regulation] Act, 1957. https://hcservices.ecourts.gov.in/hcservices/ 2 4. In such view of the matter, pending disposal of the adjudication proceedings, this Court is of the view that there is no need to retain the vehicle and hence, 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 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; and (vi) The first respondent is at liberty to proceed under the provisions of the Tamil Nadu Minor Mineral Concession Rules, 1959. 5. The Writ Petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(W) /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. Order made in W.P.(MD)No.9151 of 2011 Dated:- 18.08.2011 MPK/SMA/18.8.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/