The court can release a seized vehicle to prevent injustice and in furtherance of substantial cause of justice, subject to specified conditions.

Heard both sides.

2. By consent, the main Writ petition itself is taken up for final disposal.

3. No counter is filed on behalf of the Respondents.

4. According to the petitioner, he is the owner of the lorry bearing registration No. TN-76-J-8892 and the said lorry was engaged by Sri Maruthi Lorry Booking Office, Piranoor, Tirunelveli District to load sea shell grit from an authorised merchant for salt, dry fish and sea shell grit viz., Sri Mahalakshmi Traders, Thoothukudi. On 22.06.2016, at about 05.00 pm, when the petitioner was loading sea shell grit from Sri Mahalakshmi Traders at Keela Arasaradi, Ottapidaram Taluk, the 4th Respondent seized his vehicle by saying that his lorry was utilized to load shell grit without any valid permit.

4. In fact, the seizure was reported before the Third Respondent/Tahsildar, Ottapidaram Taluk, Thoothukudi District by the Fourth Respondent/Inspector of Police, Thalamuthu Nagar Police Station, Thoothukudi District. In the meanwhile, on 15.06.2016, on behalf of the owner of the said Sri Mahalakshmi Traders, a representation was made before the Third respondent/Tahsildar, Ottapidaram Taluk, Thoothukudi District, mentioning that there is a valid permission to procure shell grit and therefore, the seizure of the lorry by the Fourth Respondent is not legally correct and therefore prayed for release of the lorry by the Third Respondent.

5. When that be the facts situation, on 20.06.2016, the Third Respondent/Tahsildar, Ottapidaram Taluk, Thoothukudi District vide his proceedings in Na.Ka.A2/3774/2016 sent a communication to the Second Respondent/Revenue Divisional Officer, Kovilpatti Division, Thoothukudi District. Through the said communication, the Third Respondent informed the Second Respondent about the seizure of the shell grit and requested the Second Respondent to take action as per Tamil Nadu Mines and Minerals Rules. However, in turn, the Second Respondent, as per proceedings in Na.Ka.No.Aa2/4101/2016 dated 30.06.2016 sought for a preparation chart of value for the seized shell grit along with the lorry from the First Respondent. Thereafter, the First Respondent, as per proceedings, in Na.Ka.G.M.1/325/2016, dated 01.07.2016 informed the Second Respondent stating that the shells are under the Gulf of Manner Marine National Park and therefore directed the Second Respondent to get clarification from the concerned Forest Department regarding the valuation. In this regard, it is the specific stand of the petitioner that the First Respondent had admitted that the shell grit is not a mineral coming under the Mines and Minerals Act.

6. It comes to be known that the Third Respondent made a request in his proceedings in Na.Ka.A2/3774/2016, dated 06.07.2016 addressed to the District Forest Officer, Thoothukudi, informing about the seizure of shell grit along with lorry and the direction of the First Respondent for taking necessary penal action. On 22.07.2016, the Forest Department sent a reply to the Third Respondent/Tahsildar, Ottapidaram Taluk, Thoothukudi District stating that the shell grits are in unidentifiable position and therefore, the Forest Department cannot initiate any action. Also, it was clarified by the Forest Department that it is for the Respondent Nos.1 to 3 to proceed in accordance with the Tamil Nadu Mines and Minerals Rules. After intimating the stand of the Forest Department, the Third Respondent sent a communication to the Second Respondent on 25.07.2016. In fact, the Third Respondent/Tahsildar, Ottapidaram Taluk, Thoothukudi District requested to intimate the stand of the Second Respondent for releasing the petitioner's lorry along with the seized shell grit. Even thereafter, the Second Respondent, in stead of passing any orders for releasing his lorry, again, sent a communication dated 27.07.2016 to the First Respondent seeking clarification to proceed further.

7. The real grievance of the petitioner is that his lorry was seized on 12.06.2016, is being kept under the cu