Madras High CourtWP(MD)/3490/2021dismissed

Muhtukani.M v. The State Secretary

2021-02-24Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.3490 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3490 of 2021 M.Muthukani ... Petitioner -Vs1.The State Secretary (Forest Department) St.George Fort, Chennai.

2.The District Forest Officer, District Forest Office, Thoothukudi District.

3.The Inspector of Police, Soorakudi Police Station, Thoothukudi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the third respondent to release the petitioner's vehicle Mahindra & Mahindra ltd Model Bolero Pick-UP FB PS 1.3 XL bearing Reg.No.TN 69 BL0204 to the petitioner forthwith.

For Petitioner :

Mr.V.Thiyagarajan For Respondents :

Mr.S.Angappan Government Advocate

ORDER

Heard the learned counsel on either side. With the consent of learned counsel on both sides, the writ petition is taken up for final disposal at the admission stage itself. 2.The petition mentioned vehicle was seized for having committed an offence under the Wild Life Protection Act. 3.The learned Government Advocate informs the Court that FIR has been registered in this regard. The learned Government Advocate indicated that in an offence of this nature, the vehicle cannot be released.

4.The respondents 2 and 3 are directed to produce the vehicle immediately before the jurisdictional criminal Court. Thereupon the petitioner is at liberty to move the jurisdictional Criminal Court for release of the vehicle. It is for the jurisdictional Court to https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3490 of 2021 take a call in the matter.

5.With this direction to the respondents and liberty to the petitioner, the writ petition is dismissed. No costs. Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned. To 1.The State Secretary (Forest Department) St.George Fort, Chennai.

2.The District Forest Officer, District Forest Office, Thoothukudi District.

3.The Inspector of Police, Soorakudi Police Station, Thoothukudi District.

+1 CC to M/s.V.THIYAGARAJAN, Advocate ( SR-6890[F] dated 24/02/2021) +1 CC to M/s.SPL GP ( SR-7227[F] dated 25/02/2021 ) W.P.(MD)No.3490 of 2021 24.02.2021 (NA)CO AP(26/02/2021) 2 P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2