The petitioners are aggrieved against the order of the second respondent dated 07.02.2017 passed under Section 36A of the Tamilnadu Minor Minerals Concession Rules, 1959.
2.Heard both sides.
3.The petitioners are the owners of three tipper lorries bearing Registration Nos.TN16 Y 1625, TN 16 Y 1640 and TN 16 B 4500 and one JCB bearing Registration No.JCB (ECO) JS 250 LC, Type JS205 bearing Engine No.84302567. On 12.01.2017, the above vehicles belonging to the petitioners were seized on an allegation that they were engaged in illegal mining of gravel. Consequently, the impugned order under Rule 36A of the said Rules was passed against the petitioners thereby directing them to pay a sum of Rs.20,12,362/- towards the seigniorage fee, cost of mineral and penalty apart from imposing penalty of Rs.1,25,000/- on the vehicles. It is stated in the impugned order that only on making such payment, the vehicles shall be released. Now the said order is challenged before this court.
4.Admittedly, as against the said order, the petitioners are having a statutory right of appeal before the District Collector, Villupuram. Therefore, it is for the petitioners to file such appeal before the said appellate authority and canvass all the points in the said appeal. However, as the vehicles were seized as early as on 12.01.2017 and they are kept in the custody of the second and third respondents thereby exposing the same to sun and rain, this court is of the view that in the interest of parties, the vehicles can be released by imposing a condition on the petitioners as set out hereunder:
5.Accordingly, this writ petition is disposed as follows:
a) The petitioners shall pay a sum of Rs.6,25,000/- (Rupees Six lakhs twenty five thousand only) before the first respondent within a period of three weeks from the date of receipt of a copy of this order.
b) The petitioners shall also produce the proof of ownership of the said vehicles to the satisfaction of the first respondent;
K.RAVICHANDRABAABU,J.
vri
c) The first respondent, on receipt of the said proof of ownership and on receipt of such payment shall release the vehicles forthwith;
d) The petitioners are given liberty to file an appeal before the District Collector, Villupuram within a period of four weeks from the date of receipt of a copy of this order.
e)The petitioners shall not alienate or encumber the vehicles in any manner unless and until a finality is reached in the proceedings relieving the petitioners from their liability. No costs. The connected miscellaneous petition is closed.
23.03.2017 Speaking/Non Speaking Index :Yes/No vri To
1.The Sub Collector, Tindivanam.
2.The Deputy Director, Mines and Minerals Department, Villupuram District, Gingee.