P. Murugesan vs The Assistant Director of Mines

A. Kulasekaran, J.—The above writ petition is filed for issuance of a Writ of Mandamus directing the respondent herein to forthwith release the Lorry bearing Registration No.TCE-5256 to the petitioner herein.

The learned counsel for the petitioner submits that the vehicle was not involved in any other offences previously and this is the first occasion the vehicle has been seized by the respondent for the alleged violation of Mines and Minerals Act. The said fact was not disputed by the learned counsel for the respondent.

Considering the circumstances of the case, the respondent is directed to release the vehicle on the following conditions:

(i) The petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only), within a period of two weeks from today.

(ii) The petitioner shall also give an unconditional undertaking by way of an affidavit that the vehicle will not be used for illicit mining purposes and that he will not part with or alienate the vehicle until the adjudication is over.

(iii) The petitioner shall also prove his ownership of the vehicle to the satisfaction of the authorities.

(iv) The petitioner shall also produce the vehicle once in two months before the respondent herein in order to ensure that the condition No.2 is properly complied with.

On compliance of conditions No.1 to 3, the respondent is directed to release the vehicle forthwith. The respondent is also directed to initiate adjudication proceedings and complete the same. The disbursement of the amount of Rs.5,000/- deposited by the petitioner would depend on the outcome of the adjudication proceedings by the authorities.

In the event of the petitioner not complying with condition No. iv, it will be open for the respondent to seize the vehicle without any further notice to the petitioner.

With the above directions, the writ petition is disposed of. No costs.