1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.5908 of 2011 D.Antony Muthu : Petitioner Vs. 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli. 3.The Tahsildar, Palayamkottai, Tirunelveli. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the first respondent to release the Tractor bearing Registration No.TN-72-AH-7957 with a new trailer seized by the third respondent through seizure memo dated 04.05.2011 to the petitioner. For Petitioner : Mr.P.Samuel Gunasingh For Respondents : Mr.B.Pugalendhi Special Government Pleader ORDER ****** Mr.B.Pugalendhi, learned Special Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 3. The petitioner has filed the present Writ Petition for a Mandamus, directing the first respondent to release the Tractor bearing Registration No.TN-72-AH-7957 with a new trailer seized by the third respondent through seizure memo dated 04.05.2011 to the petitioner. 4. It is the case of the petitioner that he is the owner of the brick kiln land situated at S.F.No.2/55B, Veda Koil Theru, Karuppandurai Village, Palayamkottai Taluk, Tirunelveli District. He has obtained permission from the Government to quarry red soil at Survey No.476, Kandiaperi Kulam, Survey No.1, Othapanai Kulam, Abishekapatti Village and Survey Nos.71/2, 74/2,86/1 Pallankulam and he had permit for transporting one unit of red soil. When the petitioner was transporting one unit of red soil in the said vehicle from his quarry to brick kiln situated at https://hcservices.ecourts.gov.in/hcservices/ 2 Karupanthurai Village, Tirunelveli, on 04.05.2011, the third respondent intercepted the vehicle and seized the same. Hence, the petitioner approached the respondents for release of the vehicle. Since the vehicle has not been released so far, the petitioner has come up with the present Writ Petition for the reliefs stated earlier. 5. Considering the above facts and circumstances, I am inclined to pass the following orders: (i) The petitioner is directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) with the third respondent, within a period of one week from the date of receipt of a copy of this order. (ii) On deposit of the said amount, the third respondent is directed to release the vehicle on the following conditions: (a) The petitioner shall produce before the third respondent the relevant documents to establish that he is the owner of the vehicle. (b) He shall execute an affidavit giving undertaking that he will not alienate the vehicle for a period of three months or till the completion of the proceedings, if any, initiated against him. (iii) The respondents are at liberty to initiate proceeding against the petitioner, if the petitioner has violated any of the provisions of the Acts or Rules. But the proceeding has to be taken, within a period of three months from the date of receipt of a copy of this order. If no action is taken against the petitioner, the amount deposited by him shall be returned to him; and (iv) The petitioner shall abide by the orders passed by the authorities or the respondents. 6. The Writ Petition stands ordered accordingly. No costs. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli. 3.The Tahsildar, Palayamkottai, Tirunelveli. + 1 cc to Mr.P.Samuel Gunasingh, Advocate, SR No.17547 + 1 cc to The Special Government Pleader, SR No.17814 Order made in W.P.(MD)No.5908 of 2011 Dated:- 08.06.2011 SML RJ/16.6.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/