R. Ayyasami Petitioner v. Assistant Director, ...

The Order of the Court was delivered by

K. Ravichandrabaabu, J.:— Heard the learned Counsel for the petitioner and the learned Government Advocate appearing for the respondents.

2. The petitioner is aggrieved against the proceedings dated 06.01.2017, which is nothing but a seizure Magazar. The petitioner's vehicle was seized on 06.07.2017, on an allegation that the said vehicle bearing Registration No. TN12 M 3961, transported some minerals without permit/transit permit. In the very same Magazar, it is stated that the petitioner has to appear before the third respondent for conducting an enquiry. Therefore, it is for the petitioner to appear before the third respondent and satisfy him, as to how the seizure is bad and not in accordance with law. At this stage, this Court is not inclined to go into the merits of the contentions raised by the petitioner in this writ petition.

3. However, considering the fact that the vehicle was seized as early as on 06.01.2017 and the same is kept in the custody of the respondents all these days thereby exposing the same to sun and rain, resulting the diminishing of its value, I am of the view that the vehicle can be released subject to certain conditions, so that the interest of both parties can be protected, pending order to be passed under Rule 36-A of the Tamil Nadu Minor Mineral Concession Rules, 1959.

4. Accordingly, this writ petition is disposed of by passing the following order:

(i) The petitioner shall pay a sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) before the third respondent within a period of seven days from the date of receipt of a copy of the order. The petitioner should also produce the documents in proof of the ownership of the vehicle as well as the goods transport permit.

(ii) On receipt of such payment and also on being satisfied with the ownership of the vehicle, the third respondent shall release the vehicle bearing Registration No. TN12 M 3961 forthwith.

(iii) The petitioner shall not encumber or alienate the vehicle till the final order is passed by the third respondent under Rule 36(A) of the Tamil Nadu Minor Mineral Concession Rules, 1959.

(iv) The third respondent shall give an opportunity of hearing to the petitioner and thereafter pass an order under Rule 36-A of the Tamil Nadu Minor Mineral Concession Rules, 1959 within a period of three months from the date of receipt of copy of this order.

(v) If no such order is passed by the third respondent, the amount deposited by the petitioner shall be refunded to him. No costs. Consequently, connected miscellaneous petition is closed.