M BABU Vs. COLLECTOR THENI DISTRICT

JUDGEMENT

(1.) THIS writ petition is filed by the owner of the vehicle, a tractor with trailer bearing Registration No. TN 60 Y 3143 and TN 60 1268. The said vehicle was seized by the Revenue Inspector and the Village Administrative officer when the petitioner transported garden soil from his land to spread the same in the cattle shed located in the backyard of his house.

(2.) WHEN the vehicle was seized and left with the custody of the Village administrative Officer, Gudalur, the Revenue Inspector got the signature, from the driver of the vehicle. Though it is alleged that the signature was obtained in a blank paper, the same was not accepted by the respondents. It is stated that it was a confessional statement given by the driver of the petitioner's vehicle. The petitioner's brother by name Krishnamurthy appeared before the revenue Divisional Officer, (second respondent) and gave a statement that the vehicle did not carry any minerals and it was only a waste soil. For transporting waste soil, no permission is required and they have not committed any offence either in terms of the Mines and Minerals (Development and regulation) Act, 1957 or in terms of Minor Mineral Concession Rules, 1959.

(3.) EVEN before any notice could be given, the petitioner approached this Court for the release of the vehicle as he had not committed any offence either under the Act or under the Rules. He also pleaded that the extra-ordinary power of this court should be used to find out the real truth since many a time the Revenue Officials were harassing the agriculturists when they transport garden soil for their personal use. Therefore this Court appointed an advocate Commissioner to visit the place immediately and also to verify personally whether the tractor with trailer detained by the respondents contained any blue metal jelly.