MANICKAM Vs. REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE

JUDGEMENT

(1.) This writ petition has been filed for a Mandamus seeking for a direction to the respondents to release the petitioner's Tractor and Trailer bearing Registration No.TN 47 AZ 9456 seized on 16.08.2020 and hand over the same to the petitioner.

(2.) Heard Mr.B.Santhanam Rajeshkumar, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Additional Government Pleader, accepts notice on behalf of the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

(3.) It is the case of the petitioner that he is the owner of the tractor and trailer bearing Registration No.TN 47 AZ 9456. According to the petitioner, on 16.08.2020, when the revenue officials were conducting an inspection, they found that the petitioner's vehicle loaded with 1/2 unit of gravel sand and they immediately seized the vehicle from the petitioner. Thereafter, the Revenue Inspector gave a complaint before the third respondent Police and handed over the vehicle to the third respondent and the third respondent has registered a case against the petitioner in Crime No.374 of 2020 for the offence punishable under Section 379 of I.P.C., read with Section 21 (1) of Mines and Minerals (Development and Regulation) Act, 1957, alleging that the petitioner has transported 1/2 unit of gravel sand in his vehicle without proper invoices. According to the petitioner, ever since the seizure, the said vehicle is still in the custody of the Police.