1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/8/2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.9393 of 2011 and MP(MD)No.1 of 2011 S.Ramakrishnan .. Petitioner Vs. 1. The District Collector Tirunelveli District. 2. The Assistant Director of Geology and Mines Tirunelveli. 3. The Assistant Geologist Geology and Mines Department Tirunelveli 4. The Inspector of Police Town Police Station Tirunelveli City. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to release the lorry bearing registration No.TN72B-5860 to the petitioner. For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.B.Pugalenthi, Spl.G.P. - - - - - O R D E R Seeking for a Mandamus, directing the respondents to release the lorry bearing Registration No.TN72B-5860, seized by the Assistant Geologist, Geology and Mines Department, the petitioner has come forward with the present Writ Petition. 2. According to the petitioner, he is the owner of the lorry bearing Registration No.TN72B-5860. When the said vehicle was used by his driver for transporting red soil, it was intercepted on 12/8/2011 and thereafter, kept in the custody of the Inspector of Police, Town Police Station, Tirunelveli City. Though the petitioner has submitted a representation dated 13/8/2011, to release the vehicle and stated that there was no illicit transportation, warranting action under the Tamil Nadu Minor Mineral Concession Rules, the vehicle has not been released and it is kept in open to air, sun and rain. In the above said circumstances, the petitioner has come forward with the present writ petition. https://hcservices.ecourts.gov.in/hcservices/ 2 3. On instructions from the Inspector of Police, Town Police Station, Tirunelveli City, Mr.B.Pugalendhi, Special Government Pleader submitted that, the vehicle was intercepted on 12/8/2011, by the Assistant Geologist, Tirunelveli and it is now under the custody of the fourth respondent. He further submitted that the name of the petitioner has not come to any adverse notice of the fourth respondent. Though the learned counsel appearing for the petitioner contended that the transportation of red soil, would not attract the penal provisions of Tamil Nadu Minor Mineral Concession Rules, 1959 and that he had not committed any offence, this Court is not inclined to advert to the same, at this juncture. However, considering the fact that the vehicle bearing Registration No.TN72B-5860 has not come to any adverse notice, there shall be a direction to release the said vehicle 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) 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; and (v) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned. 4. The Writ Petition is ordered accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(W) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The District Collector Tirunelveli District. 2. The Assistant Director of Geology and Mines Tirunelveli. 3. The Assistant Geologist Geology and Mines Department Tirunelveli 4. The Inspector of Police Town Police Station Tirunelveli City. +One Cc to Mr.T.A.Ebenezer, Advocate, SR.No.28467 +One cc to The Spl. Govt Pleader, Sr.No.28583 mvs rl/7c – 23.8.2011 Order made in W.P.(MD)No.9393 of 2011 22/8/2011 https://hcservices.ecourts.gov.in/hcservices/