1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12/07/2011 CORAM THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.7678 of 2011 S.Jothimuthu ..Petitioner Vs. 1.The District Collector, Virudhunagar District. Virudhunagar. 2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District. 3.The Tahsildar, Taluk Officer, Rajapalayam Town, Virudhunagar District. ..Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the 3rd respondent to release the petitioner's Tractor bearing Registration No.TN-51-C-8292 and Trailer bearing Registration No.TN-76B-0894 which is standing at the office of the Tahsildar, Rajapalayam, the 3rd respondent. For petitioner .. Mr.M.Thirunavukkarasu For Respondents .. Mr.B.Pugalendhi Special Government Pleader ORDER The petitioner has sought for a Mandamus, directing the 3rd respondent to release his Tractor bearing Registration No.TN-51-C-8292 and Trailer bearing Registration No.TN-76B-0894, which is standing at the office of the Tahsildar, Rajapalayam, the 3rd respondent herein. 2. According to him, on 05.07.2011, when the vehicle was proceeding to Alangulam main road, the Tahsildar, Rajapalayam Town, Virudhunagar District, the 3rd respondent herein, intercepted the vehicle and enquired him where he taken the red sand. Not satisfying the with explanation offered by him, the 3rd respondent ceased the said vehicle. 3.The petitioner has denied the allegation of any illegal transportation of mineral. In this regard, the petitioner made a request to release his vehicle, but, there was no response. Hence, he has come forward with this present writ petition for a Mandamus. https://hcservices.ecourts.gov.in/hcservices/ 2 4.On this day, when the matter came up for hearing, on instructions, Mr.B.Pugalendhi, learned Special Government Pleader, appearing for the respondents submitted that the petitioner's vehicle viz., Tractor bearing Registration No.TN-51-C-8292 and Trailer bearing Registration No.TN-76B-0894, has not come to any adverse notice so far. In such circumstances, this Court is inclined to direct the respondents to release the petitioner's vehicle 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." (vi) Liberty is given to the competent authority to initiate appropriate proceedings under the Tamil Nadu Mines and Minerals Concession Rules, 1959, if there are materials in respect of illegal transportation of mines. 5. The Writ Petition stands ordered accordingly. No costs. Sd/- Assistant Registrar (C.O.) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District. Virudhunagar. 2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District. 3.The Tahsildar, Taluk Officer, Rajapalayam Town, Virudhunagar District. +1cc to Mr.M.Thirunavukkarasu, Advocate Sr.No.22489 MPK akm/12.7.11 /2p-5c/ W.P.(MD) No.7678 of 2011 12.07.2011 https://hcservices.ecourts.gov.in/hcservices/