VARADHARAJAN Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) THE Tipper Lorries bearing Registration Nos.TN 63 L 8969, TN 67 AX 4002 and Tractor bearing Registration No.TN 63 AC 8979 owned by the respective petitioners were seized by the respondents on 21.06.2014 alleging transportation of minerals(sand). Thereafter, the respondents initiated statutory proceedings.

(2.) THE respective petitioners approached the first respondent with individual applications dated 07.07.2014 for release of the vehicles pending disposal of proceedings. However, there was no follow up action to dispose of the applications for interim custody. The petitioners are therefore before this Court to direct the first respondent to release the vehicles.

(3.) THE jurisdiction of the High Court to entertain a writ petition for release of vehicle, pending disposal of confiscation proceedings without approaching the Competent Authority at the first instance, came up for consideration before a Division Bench of this Court in Deputy Commissioner of Civil Supplies, City South, Chennai and another vs. S.Damodaran, : 2007 (3) MLJ 196. The Division Bench was of the view that the petitioner should approach the Competent Authority at the first instance before approaching the High Court under Article 226 of the Constitution of India. The relevant observation reads thus: -