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Madras High CourtWP/33979/2019dismissed

Sathish v. State Rep. By Its

2019-12-09Honourable Mr Justice R.Subbiah,Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.33979 of 2019 Sathish .. Petitioner Vs.

1. State rep. by its The District Collector, Tiruppur District.

2. The Tahsildar, Avinashi Taluk Office, Tiruppur District.

3. The Inspector of Police, Avinashi Police Station, Tiruppur District in Crime No. not known/2019 .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 2 and 3 herein to release Ashok Leyland - Tusker Super lorry, bearing Registration No.TN-45-AQ-9276 which was illegally seized on 21.11.2019 by considering the representation made by the petitioner to the first respondent on 25.11.2019 requesting to release the petitioner's lorry. For petitioner : Mr.P.Kalimuthu For respondents : Mr.E.Balamurugan, Spl.G.P.

ORDER

(The Order of the Court was made by R.Subbiah, J) The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents 2 and 3 herein to release Ashok Leyland - Tusker Super lorry, bearing Registration No.TN-45-AQ-9276, which was illegally seized on 21.11.2019 by considering the representation made by the petitioner to the first respondent on 25.11.2019 requesting to release the petitioner's lorry.

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2. This Court will not entertain the Writ Petition with such prayer. It is open for the petitioner to move appropriate Court by filing petition under Section 451 Cr.P.C. for return of the vehicle.

3. With the above observations, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar cs To

1. The District Collector, Tiruppur District.

2. The Tahsildar, Avinashi Taluk Office, Tiruppur District.

3. The Inspector of Police, Avinashi Police Station, Tiruppur District.

+1cc to Mr.P.Kalimuthu, Advocate, SR.No.102400. W.P.No.33979 of 2019 SJ(CO) CSR:22/01/2020 https://hcservices.ecourts.gov.in/hcservices/