T GANDHI Vs. FOREST RANGER

JUDGEMENT

(1.) WRIT petition filed under Article 226 of the Constitution of India praying to issue a WRIT of Mandamus directing the respondents herein to release the Tavera Car Registration No.TN 07 BB 5567 to the petitioner with in such time as may be prescribed by this Honourable Court. This writ petition has been filed praying for a WRIT of Mandamus to direct the respondents to release the Tavera Car, bearing Registration No.TN 07 BB 5567, said to be belonging to the petitioner, within the time limit specified by this Court.

(2.) THE petitioner has stated that he is doing real estate business. While so, the first respondent had seized the Tavera car, bearing Registration No.TN 07 BB 5567, belonging to the petitioner alleging that it was involved in smuggling of sandalwood. THEreafter, the vehicle had been produced before the Judicial Magistrate Court, Udumalaipet.

(3.) HOWEVER, confiscation of the vehicle under section 49-A of the Tamil Nadu Forest Act, 1882, would be made only after issuing a show cause notice to the petitioner, under section 49-B of the said Act. Hence, the writ petition filed by the petitioner is premature in nature.