1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2011 CORAM THE HONOURABLE MR.JUSTICE V.DHANAPALAN Writ Petition (MD).No.1606 of 2011 & M.P.(MD).No.1 of 2011 S.P.Periyasamy . . Petitioner Vs. 1.The Deputy Director, Geology and Mines Department, Thirunelveli, Thirunelveli District. 2.The Sub Collector, Seran Mahadevi, Thirunelveli, Thirunelveli District. 3.The Inspector of Police, Moonradaippu Police Station, Moonradaippu, Thirunelveli District. .. Respondents Prayer:- Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to release the petitioner's Tipper Lorry bearing Reg.No.TN-01-J-6988 forthwith. For Petitioner : M/s.B.Saravanan For Respondents: Mr.P.Thilakkumar Additional Government Pleader ORDER The petitioner has come up with the present Writ Petition for a Mandamus directing the respondents to release the petitioner's Tipper Lorry bearing Reg.No.TN-01-J-6988 forthwith. 2. The case of the petitioner is that he is the owner of the vehicle bearing Registration Number TN-01-J-6988 and the same was seized and handed over to the third respondent for the illegal transportation of sand. Therefore, the petitioner sent a representation dated 27.01.2011 to the first respondent for release of the vehicle. Since the same was not considered, the petitioner has approached this Court by filing the present writ petition. 3. Considering the above facts and circumstances, I am inclined to direct the respondents to release the vehicle namely Tipper Lorry bearing Registration Number TN-01-J-6988 seized on the following conditions:- (i) The petitioner shall produce documents before the second 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 second respondent. (iii) The petitioner shall give an undertaking that he https://hcservices.ecourts.gov.in/hcservices/ 2 will not use the vehicle for any illegal activities in future and shall produce the same as and when required by the second 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)The second respondent is at liberty to proceed under the provisions of The Tamil Nadu Minor Mineral Concession Rules, 1959. 4. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The Deputy Director, Geology and Mines Department, Thirunelveli, Thirunelveli District. 2.The Sub Collector, Seran Mahadevi, Thirunelveli, Thirunelveli District. 3.The Inspector of Police, Moonradaippu Police Station, Moonradaippu, Thirunelveli District. +1cc to The Special Government Pleader, SR.10975 +1cc to Mr.B.Saravanan, Advocate SR.10730 jikr SR : 03.03.2011 : 2p/6c Order made in Writ Petition (MD).No.1606 of 2011 & M.P.(MD).No.1 of 2011 https://hcservices.ecourts.gov.in/hcservices/