1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8712 of 2011 R.Thangarasu : Petitioner Vs. 1.The Revenue Divisional Officer, Aranthangi,Pudukkottai District. 2.The Inspector of Police, Manamelkudi Police Station, Pudukkottai District. : 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 my tractor and trailor bearing Registration No.TN-55- Z-0193 seized on 01.08.2011 by the second respondent. For Petitioner : Mr.T.Lenin Kumar For Respondents: Mr.T.S.Mohamed Mohideen, Additional Government Pleader ORDER The petitioner has sought for a mandamus directing the first respondent to release the petitioner's tractor and trailor bearing Registration No.TN-55-Z-0193 seized on 01.08.2011 by the second respondent. 2.According to the learned counsel for the petitioner, on 01.08.2011, his tractor & trailer was kept parking in his house, the second respondent came and seized his vehicle alleging that on 18.07.2011, the petitioner has used his vehicle to carry illegal quarry and in this regard, the petitioner has made a detailed representation to the first respondent in person to release the vehicle, the same was not considered sofar. The writ petition is for the reliefs stated supra. 3.On instructions from the second respondent, the learned Additional Government Pleader submitted that a case has been registered in Cr.No.145 of 2011 by the Inspector of Police, Manamelkudi Police Station, Pudukkottai District alleging that the Inspector of Police and few other policemen have indulged in illegal removal of sand and in that, the same had been transported in 32 tractors and trailers and JCB. He further submitted that the tractor-cum trailer bearing Regn.No.TN-55-Z-0193 owned by the petitioner was also involved in the said transportation of sand. It is his further submission that after registration of first information report under Section 21(A) (B) of the Mines and Minerals (Regulation and Development) Act, 1957, intimation has been given to higher authorities. In these circumstances, he opposed the relief for releasing the vehicle. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Heard the learned counsel for the petitioner and perused the materials available on record. 5.Now that a case has been registered under the provisions of the Mines and Minerals (Regulation and Development) Act, 1957. The Revenue Divisional Officer, Aranthangi, Pudukkottai District, can deal with the adjudication proceedings under Rule 36(A) of the Tamil Nadu Minor Mineral Concession Rules, 1959 and pass appropriate orders. 6.In such view of the matter, pending disposal of the adjudication proceedings, this court is of the view that there is no need to retain the vehicle and hence, a direction is issued to the respondents to release the vehicle in question with the following conditions: (i)The petitioner shall produce the 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) to the first respondent; (iii)The petitioner shall given 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; and (vi)The first respondent is at liberty to proceed under the Provisions of the Tamil Nadu Minor Mineral Concession Rules, 1959. 7.This Writ Petition is ordered accordingly. No costs SD DEPUTY REGISTRAR ( WRITS ) /TRUE COPY/ ASST REGISTRAR vs To 1.The Revenue Divisional Officer, Aranthangi, Pudukkottai District. 2.The Inspector of Police, Manamelkudi Police Station, Pudukkottai District. 1CC TO MR. T.LENIN KUMAR, ADVOCATE, SR: 26362:: DM::2011:AUGUST:05:: W.P.(MD)No.8712 of 2011 2P:4C:; https://hcservices.ecourts.gov.in/hcservices/