JUDGMENT 1. The petitioner, who is the owner of the tipper lorry bearing Regn.No.TN 58 X-2728 has sought for release of the said vehicle, used in transportation of sand to various Districts under valid permit till 26.11.2013. When the lorry was transporting sand from Public Works Department Stock yard near Grand anaiacut, Thanjavur District to Chengalpet, the vehicle was stopped due to brake down and then, on the next day i.e. on 27.11.2013, when the lorry was nearing Villupuram, the 3rd respondent / Tahsildar, Villupuram District, inspected the vehicle and seized the same, alleging illicit transportation of sand. It is the case of the petitioner that the vehicle had valid permit upto 26.11.2013 and only due to the above said reason, transportation could not be completed on 26.11.2013, which resulted in the delay of unloading the sand, at the place of destination. It is further case of the petitioner that though, he had explained the above said fact to the respondents 2 and 3 and sought for release of vehicle, the same was not released. Hence, the present writ petition for Mandamus directing the respondents 1 to 3 to release the petitioner's tipper lorry bearing Regn. No.TN-58 X-2728. 2. When the Writ Petition came up for hearing on 11.12.2013 the learned Government Advocate took notice and sought time to get instructions. Today, the learned Government Advocate, on instructions, submitted that on 27.11.2013 at 10.00 p.m., when the revenue officials were involved in routine vehicle inspection, at Ellees Sathiram Road, Valuthuretty Village, Vilupuram District, the lorry bearing Regn.No. TN-58 X-2728, was inspected. At that time it was found that the vehicle in question was not having valid transport permit, issued by the Public Works Department, Water Resource Organization for transporting sand and therefore, the vehicle was seized under Section 36(5) (B) of Tamil Nadu Mines and Minerals Concession Rules 1959. The learned counsel for the State further submitted that the driver of the vehicle has also admitted that transportation was done without valid permit. In this regard, a complaint was lodged by the Village Administrative Officer, Valuthureddy Village and Villupuram Taluk police station. A case in Crime No.1036 of 2013 has also been registered. 3. Heard the learned counsel on either side and perused the materials available on record. 4. In this regard, a complaint was lodged by the Village Administrative Officer, Valuthureddy Village and Villupuram Taluk police station. A case in Crime No.1036 of 2013 has also been registered. 3. Heard the learned counsel on either side and perused the materials available on record. 4. In as much as the driver of the vehicle himself had admitted that the transportation of sand was without valid permit, it goes without saying that, as on 27.11.2013, there was no valid permit, as per the Rules. The contention of the petitioner that the vehicle had a valid permit on 26.11.2013, that due to brake down and that the transporter could not deliver the consignment on 26.11.2013 itself, and that sand can be unloaded only on 27.11.2013, is a matter of evidence, which has to be considered only by the Revenue Divisional Officer, Villupuram after the proceedings are initiated under Rule 36(A) of the said Rules. 5. Admittedly, there was no permit on 26.11.2013. In the above said circumstances, this Court is not inclined to issue any direction for release of vehicle alleged to have been involved in a crime, registered against the Driver in Crime No.1036 of 2013. However, the Revenue Divisional Officer, Villupuram is directed to initiate proceedings under Section 36(A) of the Rules and after providing reasonable opportunity, as contemplated under the Rules, pass final orders. The said exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order. 6. Hence, the Writ Petition is disposed of with the above direction. Consequently, connected Miscellaneous Petition is closed. No costs.