C JOHN PRAKASAM Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) Admit. Mr.P. Gunaraj, learned Special Govt. Pleader takes notice.

(2.) Mr.P.Gunaraj, learned Special Government Pleader appearing for the respondents would submit that in the event of the authority initiating proceedings under Rule 36-A of the Minor Mineral Concession Rules, 1959 there must be some safeguard to secure the presence of the vehicle before the authority initiating action. Having that in mind, the learned Special Government Pleader would submit that this court may direct the owner to deposit a substantial sum of atleast Rs.10,000/= to meet the above referred to contingency. In this context, the learned counsel appearing for the petitioner brings to my notice a judgment of a Division Bench of this court, which dealt with the case of a learned Single Judge directing the owner to deposit a sum of Rs.25,000/= as a condition for release of the vehicle and the Division Bench chose to reduce the said sum to Rs.5,000/=. This court is also informed that the said judgment was challenged before the Honourable Supreme Court of India and the Honourable Supreme Court of India did not interfere with the said judgment of the Division Bench.

(3.) After hearing the learned counsel on either side, I am inclined to pass the following order: