IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.08.2020 CORAM THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.SR No.49596 of 2020 G.Elangovan .. Petitioner -versus-

1.The District Collector, District Collectorate, Tiruvarur District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Tiruvarur District.

3.The Assistant Director of Geology and Mining, Mines and Minerals, Department of Geology and Mining, Tiruvarur District.

4.The Inspector of Police, Koradacherry Police Station, Tiruvarur District.

... Respondents Petition filed under Article 226 of The Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to forthwith release the vehicle belonging to the petitioner namely, 'Manindra Tractor' Red Colour vehicle fitted with Tipper bearing Registration Number TN 51 F 7085, Engine and Chassis Number RAVO 00447 seized by the 4th respondent police pursuant to the registering of FIR No.349 of 2020 dated 12.04.2020 after considering the representation dated 08.06.2020 made by the petitioner in accordance with law and on merits expeditiously within a time frame to be fixed by this court.

For Petitioner .. Mr.C.E.Pratap For Respondents .. Mr.G.K.Muthukumar, Spl. G.P. for RR1 to 4

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.)

The Registry has raised a question of maintainability of this writ petition in W.P. SR No.49596 of 2020 as the petitioner made reliance upon the order passed by the learned single Judge in Madurai Bench of this Court in W.P.(MD) No.7930 of 2020 dated 23.07.2020.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader.

3. Before considering the respective submissions made, we would like to reiterate the orders passed by us in this regard. By a detailed order passed in W.P.(MD) No.19936 of 2017 dated 29.10.2018 a series of directions were issued. The direction Nos.15 to 17 are relevant. Accordingly, they are reproduced hereunder:

"13. (xv) In so far as the seized vehicles are concerned, they shall be produced before the concerned Magistrate Court by the revenue authorities at the time of filing their respective complaints.

(xvi)Any application for release of vehicle etc., can only be filed before the Special Court above.

(xvii)Any violation of the above would constitute a contempt of the order passed by this Court, for which, appropriate application can either be filed before the First Bench of this Court or any other Bench as per the direction of the Hon'ble Chief Justice."

4. Thereafter a clarification petition and a review petition were filed and this Court by order dated 09.09.2019 passed the following order.

"3. Special Leave Petitions in S.L.P.Nos.33477-

33479 of 2018 filed against the common order passed by the Division Bench of this Court W.P.(MD) Nos.19936 of 2017, 7595 and 21485 of 2018 dated 29.10.2018 were also dismissed. The following paragraphs of the common order passed in Review Application (MD) Nos.80 to 82 of 2019 dated

09.09.2019 would be apposite.

“9. As per these provisions, the power of seizure is certainly available with the officer or authority empowered accordingly. Such a seizure would involve the actual mineral, machinery by way of tool and equipment, vehicle or such incidental materials. As per Section 21(4A) of the M&M Act, such seized materials are liable to be confiscated by an order of Court competent to take cognizance of the offence under Section 21(1) of the M&M Act and the seized materials are to be disposed of in accordance with the directions of such Court. Taking note of the aforesaid provisions, we have held that what is permissible to the Revenue Officials, namely the officer authorized, is only the seizure and not confiscation or disposal of such materials. The said reasoning adopted, in our considered view, does not require any re-look, though we respectfully agree with the learned Advocate General that there is a factual error in coming to the conclusio