1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).Nos.14175 and 14176 of 2011 Rajasekar : Petitioner in both WPs Vs. 1.The Revenue Divisional Officer, Sivakasi, Virudhunagar District. 2.The Deputy Tahsildar, Sivakasi Taluk, Virudhunagar District. 3.The Inspector of Police, Thiruthangal Police Station, Virudhunagar District. : Respondents in both WPs PRAYER in both Writ Petitions: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to release the petitioner's Lorries bearing Registration No.TSB-3310 and TN-27-H-7549 seized on 08.12.2011 by the second respondent. For Petitioner : M/s.T.Lenin Kumar For Respondents : Mr.B.Pugalenthi Special Government Pleader COMMON ORDER The present Writ Petitions have been filed by Rajasekar seeking for the issuance of a Writ of Mandamus directing the first respondent to release the petitioner's Lorries bearing Registration No.TSB-3310 and TN-27-H-7549 seized on 08.12.2011 by the second respondent. 2. It has been submitted by the learned Counsel appearing for the petitioner that the petitioner is the owner of the Lorries bearing Registration No.TSB-3310 and TN-27-H-7549. On 08.12.2011 when his driver was engaged by Alagar and Hariharan from Rajapalayam to transport one load of sand from a Pudukkottai based sand dealer viz., M.Balasubramanian to Rajapalayam, the second respondent Deputy Tahsildar, Sivakasi Taluk, intercepted the said vehicles and on enquiry as to whether the petitioner's driver was having the permit for transporting sand, the driver of the vehicles produced Bills bearing Nos.4539 and 4524 along with a copy of the order of this Court. But, the second respondent refused to accept the same and seized the vehicles and produced it before the first respondent. Though the petitioner has made a detailed representation on 09.12.2011, requesting the first respondent to release the vehicles, the same was not considered so far. Therefore, the petitioner has come to this Court with the above prayer. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 4. The learned Special Government Pleader appearing for the respondents submits that the petitioner should also come forward to cooperate with the enquiry to be conducted by the first respondent/the Revenue Divisional Officer, Sivakasi, Virudhunagar District, as per Rule 36 (A) of the Tamil Nadu Minor Mineral Concession Rules, 1959, subject to this condition, the petitioner's vehicles may be released. 5. Considering the above submissions and the fact that the vehicles have not given any adverse notice on previous occasion, exposure of the vehicles to the direct sun and rain would certainly cause deterioration and that the sand was transported with proper Bills, this Court is inclined to give a direction to the first respondent-the Revenue Divisional Officer, Sivakasi, to release the Lorries bearing Registration No.TSB-3310 and TN- 27-H-7549, subject to the following conditions: (i) The petitioner shall produce documents before the respondents to establish the ownership of the vehicles in question; (ii) The petitioner shall deposit a sum of Rs. 10,000/- (Rupees Ten Thousand only) for each vehicle with the first respondent; (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 first respondent; (iv) On doing so, the vehicles in question shall be returned to the petitioner; (v) The petitioner shall not alienate the vehicles in question till the disposal of the proceedings before the authority concerned; (vi) The first respondent is at liberty to proceed under the provisions of the Tamil Nadu Minor Mineral Concession Rules, 1959. The Writ Petitions are ordered accordingly. No costs. SD/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar(C.S) To 1.The Revenue Divisional Officer, Sivakasi, Virudhunagar District. 2.The Deputy Tahsildar, Sivakasi Taluk, Virudhunagar District. 3.The Inspector of Police, Thiruthangal Police Station, Virudhunagar District. srm Order made in W.P.(MD).Nos.14175 and 14176 of 2011 Dated:- 20.12.2011 TR : 03.01.2012: 2p/4c https://hcservices.ecourts.gov.in/hcservices/