← Library
Madras High CourtCRL OP/34580/2019disposed of

Chinnadurai v. State Rep By,

2020-01-30Honourable Mr Justice P. Rajamanickam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.01.2020 Coram:

The Honourable Mr. Justice P.RAJAMANICKAM CRL.O.P.Nos.34580 and 34582 of 2019 Crl.O.P.No.34580 of 2019 Chinnadurai ... Petitioner Vs.

1.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Krishnagiri.

2. The Thasildhar, Uthangarai, Krishnagiri District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to direct the learned Principal District and Sessions Judge, Krishnagiri to entertain the above application filed by the petitioner for releasing his Tipper Vehicle bearing registration No.TN 47 AT 6014 in un-numbered Cr.MP.No......./2019.

Crl.O.P.No.34582 of 2019 Jeeva ... Petitioner Vs.

1.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Krishnagiri.

2. The Thasildhar, Uthangarai, Krishnagiri District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to direct the learned Principal District and Sessions Judge, Krishnagiri, to entertain the above application filed by the petitioner for releasing his Tractor 1/3

and Trailor bearing registration No.TN 24 AM 0988 in un-numbered Cr.MP.No......./2019.

For Petitioner : Mr.K.Thiruvengadam in both Crl.OPs For Respondents : Mr.M.Mohamed Riyaz in both Crl.OPs Additional Public Prosecutor COMMON ORDER These petitions have been filed to direct the Principal District and Sessions Judge, Krishnagiri to entertain the petitioners' applications for releasing their vehicle bearing registration Nos.TN 47 AT 6014 and TN 24 AM 0988 respectively.

2. The learned counsel for the petitioners has submitted that the second respondent has seized the petitioners' vehicles stating that they have used the said vehicles for illegally transporting red soil and blue metals respectively. He further submitted that already the petitioners have submitted the representations before the first respondent stating that they are ready to pay the fine, if any, is imposed. He further submitted that the second respondent also by his letter dated 18.11.2019 has recommended for releasing the vehicles after receiving fine from the petitioners.

But even thereafter, the first respondent has not passed any order and hence, the petitioners have filed petitions before the Principal District and Sessions Judge, Krishnagiri, to direct the respondents to produce the vehicles and release the vehicles for interim custody, but the Principal District and Sessions Judge has returned the said petitions stating that the properties were not produced before the court. He further submitted that the first respondent may be directed to consider the petitioners' representations dated 28.11.2019 and 02.12.2019 respectively and dispose of the same.

3. The learned Additional Public Prosecutor has also submitted that the first respondent may be directed to dispose of the petitioners' representation dated 28.11.2019.

4. Considering the aforesaid submissions, the first respondent is directed to dispose of the petitioners' representations dated 28.11.2019 and 02.12.2019 respectively within a week from the date of receipt of a copy of this order. 2/3

5. With the aforesaid directions, these petitions are disposed of.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Krishnagiri.

2. The Thasildhar, Uthangarai, Krishnagiri District.

+2cc to Mr.K.Thiruvengadam, Advocate sr.7385, 7384 CRL.O.P.Nos.34580 and 34582 of 2019 gmr(co) nr 03/02/2020 3/3