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Madras High CourtWP/27595/2018disposed of

T.Kuppuraj v. The Revenue Divisoinal Officer

2018-12-20Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR WP.No.27595 of 2018 T.Kuppuraj Petitioner Vs 1.The Revenue Divisional Officer Dharapuram, Thiruppur District 2.The Assistant/Deputy Director Geology and Mines Collectorate, Tiruppur 3.The Tahsildar Dharapuram Taluk Tiruppur District ..

Respondents Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue a writ of Mandamus to direct the respondents 1 and 2 to release the vehicle of the Petitioner bearing Registration No.TN-37-AN-6666 by considering the representation dated 25.09.2018. For Petitioner :

Mr.Puhazh Gandhi For Respondents :

Mr.M.Karthikeyan, Additional Government Pleader for R1 to R3.

ORDER

This Writ Petition is filed praying to issue a writ of Mandamus to direct the respondents 1 and 2 to release the vehicle of the Petitioner bearing Registration No.TN37-AN-6666 by considering the representation dated 25.09.2018.

2. The learned Additional Government Pleader appearing for the respondents produed a copy of FIR registered in Crime No.334 of 2018. He would submit that on the complaint preferred by the Revenue Inspector, Mulanur Sub Circle, Dharapuram Circle, a case has been registered in Crime No.334 of 2018 on 20.12.2018 under Section 379 IPC on the file of Moolanur Police Station, Tiruppur District. https://hcservices.ecourts.gov.in/hcservices/

3. On the other hand, the learned counsel for the Petitioner produced a copy of order passed by this Court in Crl.O.P.No.28911 of 2018 dated 11.12.2018, wherein under similar circumstances, this court directed the concerned criminal court to consider the Petition filed by the Petitioner therein, within a period of 10 days from the date of receipt of copy of the order, in the light of Judgment of this Court passed in W.P.(MD).No.19936 of 2017 etc batch dated 29.10.2018.

4. Considering the submissions made on either side, the Writ Petition is disposed of, with liberty to the Petitioner to approach criminal court to seek his remedy. The Criminal court in turn is directed to consider and pass orders in accordance with law on the petition filed by the Petitoner in the light of the order passed in W.P.(MD). No.19936 of 2017 etc batch dated 29.10.2018. No costs. Sd/-- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar nvsri To 1.The Revenue Divisional Officer Dharapuram, Thiruppur District 2.The Assistant/Deputy Director Geology and Mines Collectorate, Tiruppur 3.The Tahsildar Dharapuram Taluk Tiruppur District +1cc to Mr.Puhazh Gandhi , Advocate SR.No. 89040 WP.27595 of 2018 ASK(21/12/2018) https://hcservices.ecourts.gov.in/hcservices/