1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11/8/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR W.P.(MD).No.9000 of 2011 K.K.Marimuthu ...Petitioner Vs 1. The Revenue Divisional Officer Sivagangai District. 2. The Inspector of Police Thiruppuvanam Police Station Sivagangai District ...Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of mandamus to direct the respondents to release the petitioner's lorry bearing Regn.No.TN20AF-3597 to the petitioner by considering the representation dated 1/8/2011 made by the petitioner in person before the first respondent. For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.B.Pugalendhi, Spl.G.P O R D E R A mandamus sought for directing the respondents to release the petitioner's lorry bearing Registration No.TN20AF-3597, considering the representation of the petitioner dated 1/8/2011, cannot be granted, in view of the fact that, on instructions from the Revenue Divisional officer, Sivagangai District, Mr.B.Pugalenthi, Special Government Pleader, submitted that, pursuant to the seizure, a show cause notice has been issued to the writ petitioner and in response to the same, he had appeared before the Revenue Divisional officer, Sivagangai and submitted his explanation. Learned Special Government Pleader further submitted that, final orders have been passed under Rule 36 A of the Tamil Nadu Minor Mineral Concession Rules, 1959, imposing a fine of Rs.26,280/- (Rupees twenty six thousand two hundred and eighty only). 2. In such a view of the matter, unless and until the order made in R.C.No.4174/2011 dated 9/8/2011 of the Revenue Divisional officer, Sivagangai is challenged in the manner known to law, release of the vehicle, cannot be made by way of a mandamus and accordingly, the same is dismissed. The proceedings in R.C.No.4174/2011 dated 9/8/2011 of the Revenue Divisional Officer, Sivagangai, produced before this Court shall be treated as part of the records. No costs. Consequently, the connected Miscellaneous Petition is also dismissed. SD/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar(C.S) https://hcservices.ecourts.gov.in/hcservices/ 2 To 1. The Revenue Divisional Officer Sivagangai District. 2. The Inspector of Police Thiruppuvanam Police Station Sivagangai District +1. CC to Mr.P.Arun Jayatram, Advocate, SR.No. 27269 +1. CC to the Special Government Pleader , SR.No. 27430 mvs. W.P.(MD) No.9000 of 2011 11/8/2011 TR : 17.08.2011: 2p/5c : IT https://hcservices.ecourts.gov.in/hcservices/