1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12/07/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.7679 of 2011 and M.P.(MD)No.1 of 2011 K.Asaithambi ... Petitioner Vs. 1.The District Collector, Madurai. 2.The Revenue Divisional Officer, Madurai. 3.The Tahsildar, Vadipatti, Madurai. 4.The Sub-Inspector of Police, Solavandan Police Station, Madurai District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents to release the vehicle of the petitioner bearing Regn.No.TN 58 R 9657 lorry loading sand which was seized on 28.06.2011 by the 4th respondent and now in the custody of the 3rd respondent. For petitioner .. Mr.V.Pandian For Respondents .. Mr.B.Pugalendhi Special Government Pleader O R D E R Seeking for a Mandamus, directing the respondents to release the vehicle bearing Regn.No.TN-58-R-9657, which was seized on 28.06.2011, by the Sub-Inspector of Police, Solavandan Police Station, Madurai, the 4th respondent herein and now in the custody of the 3rd respondent, the present writ petitionhas been filed. 2.According to him, when the vehicle was crossing Ammachiapuram Vilakku on the way to Vadipatti, with a valid permit for transportation of sand, it was intercepted by the 4th respondent and detained in the Police Station. It is the grievance of the petitioner that though he has given a representation on 30.06.2011, to the Tahsildar, Vadipatti, Madurai, no action has been taken place and hence, the present writ petition. 3.On instructions, Mr.B.Pugalendhi, learned Special Government Pleader appearing for the respondents submits that the petitioner has not come for adverse notice so far but the petitioner has indulged some criminal activities, for which, a case has been registered against him. https://hcservices.ecourts.gov.in/hcservices/ 2 He further submitted that the prosecution has been launched under the provisions of the Mines and Minerals [Development and Regulation] Act, 1957. 4.Since criminal law has already been set in motion, pending adjudication under the Mines and Minerals [Development and Regulation] Act, 1957 by the respondents, this Court is inclined to direct the respondents to release the petitioner's vehicle bearing Regn.No.TN-58-R- 9657 with the following conditions: "(i) The petitioner shall produce 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." 5. The Writ Petition stands ordered accordingly. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The District Collector, Madurai. 2.The Revenue Divisional Officer, Madurai. 3.The Tahsildar, Vadipatti, Madurai. 4.The Sub-Inspector of Police, Solavandan Police Station, Madurai District. +1CC TO MR.V.PANDIYAN, ADVOCATE SR.22515 Mpk SR : 12.07.2011 : 2p/6c : IT W.P.(MD) No.7679 of 2011 12.07.2011 https://hcservices.ecourts.gov.in/hcservices/