RAMASAMY Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) (This petition was heard through video conference) This writ petition has been filed for a Mandamus seeking for a direction to the respondents to release the petitioner's vehicle namely Lorry, bearing Registration No.TN 28 K 3543, forthwith.

(2.) Mr.A.Karthik, learned Government Advocate, 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 Lorry, bearing Registration No.TN 28 K 3543. According to him, on 01.12.2018, second respondent seized the vehicle and registered a case in Crime No.498 of 2018 for the offence punishable under Section 379 of IPC and Rule 36[A] of MMDR Rules and Section 21(5) of Mines and Minerals (Development and Regulations) 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 second respondent Police and till date, no confiscation proceedings have been initiated against the seized vehicle.