P.N.Rakesh Kannan, v. The Assistant Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.10461 of 2024 P.N.Rakesh Kannan ... Petitioner Vs.

The Assistant Director, Department of Handloom and Textiles, Tiruchengode Circle, Tiruchengode, Namakkal District.

... Respondent Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Mandamus, directing the second respondent herein to dispose of the petitioner's complaint No. 202122006013223 within a stipulated time, after affording the petitioner an opportunity of personal hearing towards his claim.

For Petitioner : Mr.J.Jayan Page No.1 of 4

O R D E R

The relief sought for in the present writ petition is to direct the respondent to dispose of the petitioner's representation dated 17.10.2023 and consequently release the Textiles goods (i) Green striped material, 82240.90 mts, (ii) Sandal color striped material, 153733.05 mts - Totally 235973.95 mts to the petitioner.

2.

It is not in dispute that Criminal case has been registered against the writ petitioner at Pallipalayam Police Station in Crime No.93 of 2020. 3.

With reference to the criminal case registered, the textile goods are confiscated by the Police during investigation. The goods confiscated during investigation is to be released only by following the procedures as contemplated under the Code of Criminal Procedure. 4.

Mr.J.Jayan, learned Counsel appearing on behalf of the petitioner would submit that the application submitted before the Criminal Court has been rejected.

Page No.2 of 4

5.

The said rejection of application before the Criminal Court will not provide a cause for filing the present writ petition under Article 226 of Constitution of India. Thus, the petitioner has to workout his remedy in the manner contemplated under the Code of Criminal Procedure. 6.

Accordingly, this Writ Petition stands dismissed at the admission stage itself. No costs.

18.04.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda To The Assistant Director, Department of Handloom and Textiles, Tiruchengode Circle, Tiruchengode, Namakkal District.

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S.M.SUBRAMANIAM,J.

veda W.P. No.10461 of 2024 18.04.2024 Page No.4 of 4