1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10019 of 2011 and M.P.(MD).No.1 of 2011 M/s.ARSS Infrastructure Projects Ltd., through its Power of Attorney, Mr.Vikas Kumar, S/o.Chulhai Kapar, Kachor Village, Phulkaha (Post), Bhutahi (via), Sitamrhi Bihar District - 843317 ... Petitioner Vs. 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Revenue Divisional Officer, Ambasamuthiram Taluk, Cheranmahadevi, Tirunelveli District. 3.The Assistant Director, Department of Geology and Mines, Tirunelveli District. 4.The Sub Inspector of Police, Alwarkuruchi Police Station, Alwarkuruchi, Tirunelveli District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents 1 to 4 to release the petitioner's lorry bearing Registration No.TN-41-AC-5443 and JCB bearing Registration No.TN-41- D-1363, within a stipulated time. For petitioner : Mr.T.Lajapathi Roy For respondents : Mr.B.Pugalenthi Special Government Pleader O R D E R It is the case of the power of attorney that the petitioner company has been performing the gauge conversion from Tirunelveli to Tenkasi and also involved in construction of over bridges and railway platforms. The petitioner company has been permitted to remove 1000 sq. meters of sand by the first respondent, in view of the urgency of the Tirunelveli-Tenkasi Gauge conversion projects. After the work https://hcservices.ecourts.gov.in/hcservices/ 2 was over, the petitioner has sought for transferring 15 units of unused sand to his Alwarkuruchi Railway Station Project. It is the further case of the petitioner that the Revenue Divisional Officer, Ambasamuthiram Taluk, Cheranmahadevi, Tirunelveli District, the second respondent herein also permitted transfer of sand through the vehicle bearing Registration No.TN-41-AC-5443 and JCB bearing Registration No.TN-41-D-1363. While the petitioner was transporting the sand on 14.08.2011, as per the permission, granted the Sub Inspector of Police Alwarkuruchi Police Station, Alwarkuruchi, Tirunelveli District, the fourth respondent herein, intercepted the vehicle and registered a false case against the petitioner alleging illegal transportation of sand in the petitioner's vehicles bearing Registration No.TN-41-AC-5443 and JCB bearing Registration No.TN-41- D-1363. Despite the contention of the petitioner in their representation, dated 24.08.2011, that the transportation of sand was duly permitted by the second respondent, the vehicles, which were taken into custody by the respondents 1 to 4, have not been released. According to the petitioner, the above said vehicles are used for railway projects. In these circumstances, the petitioner sought for a mandamus to release the above said vehicles. 2. On this day, when the matter came up for hearing, Mr.B.Pugalenthi, learned Special Government Pleader, on instructions from the respondents submitted that a criminal case has been registered against the petitioner in Crime No.224 of 2011 dated 14.08.2011, on the file of Alwarkuruchi Police Station for violation of Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957. He further submitted that the above said vehicles earlier were not involved in any previous act ofcontravention of the Act or Rules framed thereunder. The submission of the learned counsel for the respondents is placed on record. 3. As on today, only a crime has been registered and the investigation is yet to be completed. In such circumstances, the detention of the vehicle in the police station would certainly cause damage to the vehicles. 4. In such view of the matter, pending adjudication or proceedings to be completed at the earliest, in accordance with the statutory provisions, a direction is issued to the respondents to release the vehicles in question with the following conditions: (i) The petitioner shall produce the documents before the second respondent to establish the ownership of the vehicles in question; (ii) The petitioner shall deposit a sum of Rs.10,000/- (Rupees ten thousand only) in respect of vehicle bearing Registration No.TN-41-AC-5443 and another sum of Rs.10,000/- in respect of the JCB bearing Registration No.TN-41-D-1363 with the second respondent; https://hcservices.ecourts.gov.in/hcservices/ 3 (iii) The petitioner shall give an undertaking that he will not use the vehicles for any illegal activities in future and shall produce the same as and when required by the respondents; (iv) On doing so, the vehicles 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 respondents are at liberty to proceed under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957, in accordance with law. 5. The Writ Petition is ordered accordingly. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Revenue Divisional Officer, Ambasamuthiram Taluk, Cheranmahadevi, Tirunelveli District. 3.The Assistant Director, Department of Geology and Mines, Tirunelveli District. 4.The Sub Inspector of Police, Alwarkuruchi Police Station, Alwarkuruchi, Tirunelveli District. +1 CC to Mr.T.Lajapathi Roy, Advocate (SR.No.29978) W.P.(MD).No.10019 of 2011 and M.P.(MD).No.1 of 2011 06.09.2011 gcg NSV/6.9.11/3P/6C https://hcservices.ecourts.gov.in/hcservices/