1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.11407 of 2011 A.Ramaiah ... Petitioner Vs. 1.The District Collector, Tirunelveli District.Tirunelveli. 2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District. 3.The Inspector of Police, Vasudevanallur Police Station, Sivagiri Taluk, Tirunelveli District. ... Respondents In Crime No. 32 of 2011. PRAYER: Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the second respondent to release the vehicle tractor bearing Regn.Nos.TN-74E-1554 and TN-74C-7528. For petitioner : Mr.P.Muthudurai For Respondents : Mr.S.Chandrasekar,Government Advocate O R D E R Claiming himself to be the owner of a Tractor and trailer bearing Regn.Nos.TN-74E-1554 and TN-74C-7528 respectively, the petitioner has sought for a mandamus directing the second respondent to release the abovesaid vehicle, now under the custody of the Inspector of Police, Vasudevanallur Police Station, Sivagiri Taluk, the third respondent herein. 2.According to the petitioner, he has been using the said tractor for domestic purpose only. On 26.02.2011, the petitioner's driver was attempted to transport ½ unit of sand from Vasadevanallur Oodai, the Inspector of Police, Vasudevanallur Police Station, Sivagiri Taluk seized the vehicle alleging illegal transportation of sand. The petitioner has not committed any offence or contravention to the provisions of Mines and Minerals [Development and Regulation] Act, 1957 or the Mines and Minerals Concession Rules and therefore, he made a representation to the second respondent on 07.05.2011 in person and also sent telegraphic representation on 28.09.2011. Despite pressing the respondents 1 & 2, they did not release the vehicle. Hence, the present Writ Petition. 3.On this day, when the matter came up for hearing, on instructions from the second respondent, Mr.S.Chandrasekar, learned Government Advocate appearing for the respondents submitted that the abovesaid tractor has involved in Cr.No.32 of 2011 under Sections 379, 353 and 506(ii) of I.P.C on the file of the third respondent police. He also submitted that the https://hcservices.ecourts.gov.in/hcservices/ 2 vehicle has not come to any adverse notice on any previous occasion. He further submitted that adjudication proceedings under the provisions of Mines and Minerals [Development and Regulation] Act, 1957 would be taken up. The submission of the learned Government Advocate is placed on record. 4.Considering the fact that the vehicle has not come to adverse notice on any previous occasions and retention of the tractor and trailer in the police station under direct sun, rain etc., would certainly cause deterioration, a direction is issued to the second respondent herein to release the Tractor and trailer bearing Regn.Nos.TN-74E-1554 and TN-74C- 7528 respectively, subject to 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 ASST REGISTRAR ( RECORDS ) /TRUE COPY/ SUB ASST REGISTRAR vs To 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District. 3.The Inspector of Police, Vasudevanallur Police Station, Sivagiri Taluk, Tirunelveli District. DM:2011;SEP:30:: W.P.(MD).No.11407 of 2011 30.09.2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/