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Madras High CourtWP/15042/2019dismissed

Loganathan, v. The Superintendent Of Police,

2019-06-27Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2019

CORAM

THE HONOURABLE Dr. Justice G.JAYACHANDRAN W.P.No.15042 of 2019 Loganathan ... Petitioner vs.

1. The Superintendent of Police Thiruvallur District, Thiruvallur.

2. The Inspector of Police, Sipcot Police Station, Gummudipoondi, Thiruvallur District.

(Crime No.404 of 2013) ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to release the lorry bearing Registration No.AP.03.U.7325 to the petitioner which was seized by the second respondent on 14.11.2013 pursuant to the representation dated 22.05.2019.

For Petitioner : M.Rajkumar For Respondents : Mr.N.Inbanathan Additional Government Pleader

O R D E R

The prayer in the writ petition is for issue of a Writ of Mandamus directing the respondents to release the lorry bearing Registration No.AP.03.U.7325 to the petitioner which was seized by the second respondent on 14.11.2013 pursuant to the representation dated 22.05.2019.

2. The grievance of the writ petitioner is that his lorry bearing Registration No.AP.03.U.7325 was seized by the second respondent for transporting illegal Red Sanders and a case was registered in Crime No.404/2013 under Sections 35,36(a),(e), Rule 3(i) (a) Red Sanders Wood Transit Rule 9 of Red Sanders Act, hence the petitioner seeks a mandamus to the respondents to release his lorry.

https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner admits that the vehicle was seized by the second respondent for violating Red Sanders Wood Transit Rules, 1882 of Tamil Nadu Forest Act and he also furnished the crime number. The petitioner has to work out his remedy as per the procedure contemplated under the Code of Criminal Procedure before the Court in which the matter is pending. High Court cannot interfere in such matters by invoking Article 226 of the Constitution. Hence, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar dpq To

1. The Superintendent of Police Thiruvallur District, Thiruvallur.

2. The Inspector of Police, Sipcot Police Station, Gummudipoondi, Thiruvallur District.

(Crime No.404 of 2013) +1cc to Mr.T.Muruganantham, Advocate SR.No.54128 +1cc to Government Pleader SR.No.54109 W.P.No.15042 of 2019 RR(CO) GMY(22/07/2019) https://hcservices.ecourts.gov.in/hcservices/