VEERASEKARAN Vs. ASSISTANT DIRECTOR OF GEOLOGY AND MINING

JUDGEMENT

(1.) This writ petition has been filed for a Mandamus seeking for a direction to the respondents to release the petitioner's vehicle namely JCB bearing Registration No.TN-55-BC-4586, forthwith.

(2.) Mr.A.Muthu Karuppan, learned Additional Government Pleader, accepts notice for 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 vehicle namely JCB bearing Registration No.TN-55-BC-4586. According to him, on 18.11.2020, third respondent seized the vehicle and registered a case in Cr.No.613 of 2020 for the offence punishable under Sections 379, 511 of IPC and Section 21(1) and 21(2) of the Mines and Minerals (Development and Regulation) Act, 1957, alleging that the petitioner has illegally transported sand in his vehicle. According to him, ever since the seizure, the vehicle is still in the custody of the third respondent Police and till date, no confiscation proceedings have been initiated against the seized vehicle.