HON’BLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO.5741 OF 2025

ORDER

Heard learned counsel for petitioner, learned Government Pleader for Mines& Geology appearing for respondent Nos.1 and 4, learned Government Pleader for Home appearing for respondent No.2, learned Government Pleader for Revenue appearing for respondent No.3, and with the consent of the counsel appearing for the respective parties, the Writ Petition is taken up for hearing and disposal at admission stage.

2. Shorn of unnecessary details, the case of the petitioner, in brief, is that his vehicle viz., Tractor bearing No.TS26 T 9754 along with Trolly bearing No. TS-26T 9753 were seized by the respondents on 11.02.2025, when the said vehicle was carrying sand for personal use.

3. Petitioner further contends that despite he having approached the respondents-authorities seeking release of the vehicle, the same has not been released, due to which the vehicle of the petitioner is exposed to vagaries of the nature causing damage to the vehicle.

4. Per contra, learned Government Pleader appearing on behalf of respondents submits that the authorities on noticing the petitioner using the aforesaid vehicle for illegal transportation of sand, have seized the vehicle and registered case vide Crime No.9 of 2025.

5. Learned Government Pleader further submits that on registering the aforesaid crime, the authorities have deposited the seized vehicle before the concerned Court on 11.02.2025, and thus if the petitioner intends to seek release of the vehicle, he has to approach the concerned Court.

6. I have taken note of the respective submissions made. 7 This Court, in similar circumstances in W.P.No.35559 of 2024, while disposing of the said Writ Petition by order dt.18.12.2024, had granted liberty to the petitioner therein to approach the jurisdictional Magistrate and to make application seeking for release of the vehicle. This Court, in the aforesaid writ petition, has also granted further liberty to the petitioner therein to directly approach the 3^rd respondent therein for release of the vehicle, if the same is not deposited into Court as yet, and the authority was directed to act in accordance with G.O.Ms.No.15, dt.19.02.2015.

8. Further, this Court in the aforesaid Writ Petition also directed the transport authorities to verify the registration of the vehicle and the tax validity before releasing the vehicle and also granted liberty to the authorities to impose penalty in case of any violation in that regard.

9. Having regard to the order passed by this Court in W.P.No.35559 of 2024, and in order to maintain parity, this Court is of the view that the petitioner herein is also entitled for being granted similar relief.

10. In view of the above, and for the reasons as stated in W.P.No.35559 of 2024, dt.18.12.2024, and in terms thereof, this Writ Petition is disposed of. No order as to costs.

11. Registry is directed to append a copy of the order passed in W.P.No.35559 of 2024, dt.18.12.2024, to this order.

12. Consequently, miscellaneous petitions, if any, pending in these writ petitions shall stand closed.

Date: 27.02.2025 T. VINOD KUMAR, J

Note: Issue CC by 03.03.2025.

B/o

MRKR