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Madras High CourtWP/33405/2018disposed of

P.Aurumugam, v. The Sub Collector,

2018-12-28Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.33405 of 2018 P.Arumugam

...Petitioner

Vs.

1. The Sub Collector, Central Chennai Division, Anna Nagar West Extension, Chennai - 600 101.

2. The Assistant Director, Geology and mining, Collectorate, Thiruvallur District, Thiruvallur.

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st Respondent Sub Collector herein to release Petitioner's vehicles bearing registration Nos.TN 28 AH 9895 and TN 20 BZ 9812 seized by the 2nd Respondent on 09.11.2018.

For Petitioner : Mr.Kandhan Duraisami For Respondents : Mr.D.Surya Narayanan Additional Government Pleader

O R D E R

The present writ petition has been filed seeking for a direction to the 1st Respondent /Sub Collector herein to release the Petitioner's vehicles bearing Registration Nos.TN 28 AH 9895 and TN 20 BZ 9812 seized by the 2nd Respondent on 09.11.2018.

2. Heard the learned counsel on either side.

3. The issue involved in this writ petition is squarely covered by a decision of this Court in the case of Sathya versus The Tahsildar and another in W.P.No.34656 of 2018, dated 27.12.2018.

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

4. In the light of the above, the writ petition stands disposed of with a direction to the petitioner to move the concerned jurisdictional Magistrate for the release of the said vehicle by way of a fresh representation within five days from the date of receipt of a copy of this order. On receipt of the said representation, the concerned jurisdictional Magistrate shall consider the petitioner's representation and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, on or before 31.01.2019. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tsi/vsi2/abr To

1. The Sub Collector, Central Chennai Division, Anna Nagar West Extension, Chennai - 600 101.

2. The Assistant Director, Geology and mining, Collectorate, Thiruvallur District, Thiruvallur.

+1cc to Mr.Kandhan Duraisami, Advocate, S.R.No.3097 W.P.No.33405 of 2018 CS/11/01/2019 https://hcservices.ecourts.gov.in/hcservices/