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Madras High CourtWP(MD)/2353/2022allowed

Balasubramanian v. The Superintendent Of Police

2022-02-04Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD).No.2353 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.2353 of 2022 Balasubramanian

...Petitioner

Vs.

1.The Superintendent of Police, Thirunelveli District, Thirunelveli.

2.The Deputy Superintendent of Police, Thalaiyuthu Sub-Division, Thalaiyuthu, Thirunelveli District.

3.The Inspector of Police, Thalaiyuthu Police Station, Thalaiyuthu, Thirunelveli District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to release the vehicle Tipper Lorry bearing Registration No.TN 69 AP 3566 with the load of coal in a time frame that may be fixed by this Court.

For Petitioner : Mr.S.K.P.Krishna Doss For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 2.The petitioner's vehicle was detained by the third respondent since it was found to be overloaded, Crime No.10 of 2022 was registered on the file of the third respondent for an offence. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.2353 of 2022 3.It is absolutely unnecessary to detain the vehicle concerned. Therefore, the respondents are directed to return the petition mentioned vehicle to the petitioner forthwith and without any delay. 4.With the above direction, this Writ Petition is allowed. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) lr 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 Superintendent of Police, Thirunelveli District, Thirunelveli.

2.The Deputy Superintendent of Police, Thalaiyuthu Sub-Division, Thalaiyuthu, Thirunelveli District.

3.The Inspector of Police, Thalaiyuthu Police Station, Thalaiyuthu, Thirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.P.KRISHNADOSS, Advocate( SR-4416[F] dated 07/02/2022 ) W.P.(MD).No.2353 of 2022 04.02.2022 MGJ(07.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2