1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10457 of 2011 Balakrishnan :Petitioner -Vs- 1.The Revenue Divisional Officer, Tirunelveli, Tirunelveli District. 2.The Tahsildar, Palayamkottai Taluk, Tirunelveli District. 3.The Inspector of Police, TVMC Hospital Police Station, Tirunelveli, Tirunelveli District. :Respondents PRAYER:Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents to release the petitioner's vehicle (Tipper Lorry) bearing Regn.No.TN-28Z-4555. For petitioner : Mr.V.Kannan For Respondents : Mr.T.S.Mohamed Mohideen,Special Government Pleader ORDER Seeking for a Mandamus, directing the respondents to release the petitioner's Tipper Lorry bearing Registration No.Regn.No.TN-28Z-4555, which was seized on 10.09.2011 by the Revenue Divisional Officer and the Tahsildar, Palayamkottai Taluk, Tirunelveli District, the first and second respondents herein, the present writ petition has been filed. 2.According to him, he is the owner of the Tipper Lorry bearing Registration No.Regn.No.TN-28Z-4555. The vehicle was used for agricultural operations for sometime. On 10.09.2011, when the abovesaid vehicle was transporting one load of river sand, the Revenue Divisional Officer and the Tahsildar of Palayamkottai Taluk, Tirunelveli District, the first and second respondents herein, intercepted the vehicle and seized the same alleging that the petitioner had used the same for carrying minerals without any valid permit. It is the grievance of the petitioner that though he has given a detailed representation on 12.09.2011, to the respondents 1 & 2 herein, the same has not been considered and hence, the present Writ Petition. 3.On this day when the matter came up for hearing, on instructions from the Special Sub-Inspector of Police, TUMCH Police Station, Tirunelveli Corporation, Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader appearing for the respondents submitted that the vehicle bearing Regn.No.TN- 28Z-4555, has not come to adverse notice on any previous occasion and no case has been registered as against the said vehicle. The submission of the learned Additional Government Pleader is placed on record. 4.Considering the fact that the vehicle has not come to adverse notice on any previous occasion and no case has been registered as against the said vehicle under the Mines and Minerals [Development and Regulation] https://hcservices.ecourts.gov.in/hcservices/ 2 Act, 1957 by the respondents, this Court is inclined to direct the respondents to release the petitioner's vehicle bearing Regn.No.TN-28Z-4555 with the following conditions: "(i) The petitioner shall produce documents before the respondents 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." 5.The Writ Petition stands ordered accordingly. No costs. Sd/- Assistant Registrar (Crl.side) / TRUE COPY / Sub Assistant Registrar To: 1.The Revenue Divisional Officer Tirunelveli, Tirunelveli District. 2.The Tahsildar Palayamkottai Taluk, Tirunelveli District. 3.The Inspector of Police, TUMC Hospital Police Station, Tirunelveli, Tirunelveli District. +1CC to Mr.T.S.Mohamed Mohideen, Advocate. SR.No.31572. Vs RP/15.09.2011/2P/5C. W.P.(MD).No.10457 of 2011 14.09.2011 https://hcservices.ecourts.gov.in/hcservices/