1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8697 of 2011 C.Surendran : Petitioner Vs. 1.The Revenue Divisional Officer, Padmanabapuram, Thuckalay, Kanyakumari District. 2.The Tahsildar, Kalkulam Taluk, Kanyakumari District. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to release the tempo bearing Regn.No.KL-59-4176 from the 2nd respondent's custody from 12.07.2011. For Petitioner : Mr.H.Velavadhas For Respondents : Mr.T.S.Mohamed Mohideen Additional Government Pleader ******** ORDER Seeking for a mandamus directing the respondents to release the tempo bearing Regn.No.KL-59-4176 from the custody of the Tahsildar, Kalkulam Taluk, Kanyakumari District, the petitioner has come forward with this writ petition. 2.According to him, he is the owner of the above said vehicle. On 12.07.2011, while his vehicle was engaged in transportation of river sand from the stockyard, it was intercepted whether the jurisdiction of the Colachel Police Station, and thereafter custody of the same has been handed over to the Tahsildar, Kalkulam, the second respondent herein. 3.It is the submission of the learned counsel for the petitioner that though a representation was made to the second respondent, contending inter alia that the vehicle is not involved in any offence or violated the provisions of Mines and Minerals (Regulation and Development) Act, 1957, there was no response. In such circumstances, the writ petitioner has come forward with the present writ petition. 4.When the matter came up on 04.08.2011, the learned Additional Government Pleader was directed to get instructions. Today, on instructions, he submitted that when the vehicle was involved in transportation of sand, it was intercepted by the Highway Patrol Police https://hcservices.ecourts.gov.in/hcservices/ 2 and subsequently, handed over to the second respondent. He further submitted that there is a violation of provisions of the rules and Minerals Act and the rules framed thereunder. 5.Learned Additional Government Pleader further submitted that the vehicle was not involved in any adverse case on earlier occasions. According to him, proceedings has to be initiated under the Provisions of Tamil Nadu Minor Mineral Concession Rules, 1959 and hence, the objections raised by him are taken on record. Considering the facts and circumstances of the case that the vehicle is not involved in any previous adverse case, this Court is inclined to pass the following order with certain 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) to the first respondent; (iii)The petitioner shall given 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; and (vi)The first respondent is at liberty to proceed under the Provisions of the Tamil Nadu Minor Mineral Concession Rules, 1959. 6.This Writ Petition is ordered accordingly. No costs. sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To 1.The Revenue Divisional Officer, Padmanabapuram, Thuckalay, Kanyakumari District. 2.The Tahsildar, Kalkulam Taluk, Kanyakumari District. + 1 cc to The Special Government Pleader, SR No.26561 W.P.(MD)No.8697 of 2011 05.08.2011 vs RJ/9.8.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/