Back
2007 Supreme(Mad) 2912
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. JAICHANDREN
C. Mani
Versus
The Revenue Divisional Officer, Tirchengodu Division, Tirchengodu, Namakkal District
Writ Petition No.29073 of 2007
Decided On : 10-09-2007
For the Petitioner:N. Subramani, Advocate. For the Respondent: A. Arumugam, Addl. Govt. Pleader.
The court's decision was influenced by Rule 36-C of the Tamil Nadu Minor Minerals Concession Rules, 1959, which provides for the appeal process for the release of seized vehicles.
Headnote:
seizure - vehicle release - The court dismissed the writ petition and directed the petitioner to file an appeal against the order for the release of the seized vehicle under Rule 36-C of the Tamil Nadu Minor Minerals Concession Rules, 1959.
Fact of the Case:
The petitioner filed a writ petition to release a seized tractor and trailer for transporting rough stones without the necessary permit and documents.
Finding of the Court:
The court dismissed the writ petition and directed the petitioner to file an appeal against the order for the release of the seized vehicle under Rule 36-C of the Tamil Nadu Minor Minerals Concession Rules, 1959.
Issues: Seizure of vehicle without necessary permit and documents, appeal against the order for release of seized vehicle.
Ratio Decidendi: The court found that the adjudication for the seized vehicle had been completed and directed the petitioner to file an appeal under Rule 36-C of the Tamil Nadu Minor Minerals Concession Rules, 1959.
Final Decision: The writ petition is dismissed, and the petitioner is directed to file an appeal against the order for the release of the seized vehicle within 30 days from the date of receipt of the court's order.
With the consent of the learned counsels appearing on either side, the writ petition is taken up for final disposal.
2. The writ petition has been filed by the petitioner to release the tractor and trailer, bearing Registration No.TN 28 H 0742, seized on 31.08.2007, by the District Collector for transporting rough stones without the necessary permit and other relevant documents. It has been submitted by the petitioner that even after verifying the records, the District Collector, Namakkal, had seized the vehicle and handed over the same to the respondent without issuing any seizure mahazar to the driver of the vehicle. The vehicle is kept in the custody of the Inspector of Police, Tiruchengodu Police Station.
3. Mr.A.Arumugam, the learned Additional Government Pleader, appearing on behalf of the respondent, had submitted that the adjudication with regard to the seized vehicle had been completed and an order had been passed, on 9. 2007, by the respondent in Na.Ka.No.6302/07 (P). In such circumstances, it is open to the petitioner, to file an appeal against the said order, under Rule 36-C of the Tamil Nadu Minor Minerals Concession Rules, 1959.
4. In view of the submissions made by the learned counsels appearing for the parties concerned, the writ petition is dismissed, making it clear that it is open for the petitioner to prefer an appeal, against the order passed by the respondent on 9. 2007 in Na.Ka.No.6302/07(P) within 30 days from the date of receipt of a copy of this order, as provided under Rule 36-C of the Tamil Nadu Minor Minerals Concession Rules, 1959. No costs.
