Mareesan.R v. The Dist. Collector

W.P.(MD)No.3478 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.3478 of 2021 R.Mareesan ... Petitioner Vs.

1.The District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3.The Assistant Director, Geology and Mining Department, Virudhunagar.

... Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to release the petitioner's lorry, bearing Registration No.TN-57-K-7997 to his custody, by considering his representation dated 07.02.2021.

For Petitioner : Mr.N.Karthik Kanna For Respondents : Mr.K.P.Krishnadoss Special Government Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) This Writ Petition has been filed seeking a direction to the respondents to release the petitioner's lorry, bearing Registration No.TN-57-K-7997 to his custody, by considering his representation, dated 07.02.2021.

2.Today, when the matter is taken up for hearing, Mr.K.P.Krishnadoss, learned Special Government Pleader appearing for the respondents, on instructions, submitted that upon enquiry, it is found that the petitioner has not transported 'M-Sand' in his vehicle and it is a case of illicit mining. He further submitted that a private complaint has already been filed before the concerned jurisdictional Court and therefore, the petitioner can approach the jurisdictional Court.

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W.P.(MD)No.3478 of 2021

3. In view of the above said submissions made, the remedy open to the petitioner is to approach the concerned jurisdictional Court. This Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) smn2 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 District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3.The Assistant Director, Geology and Mining Department, Virudhunagar.

+1 CC to M/s.SPL GP ( SR-14832[F] dated 31/03/2021 ) W.P.(MD)No.3478 of 2021 Dated: 30.03.2021 (CO) HB(24.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2