Raju v. The Revenue Divisional Officer/Sub Collector/Sub Collector
W.P(MD)No.3811 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P(MD)No.3811 of 2021 Raju ... Petitioner Vs.
1.The Revenue Divisional Officer/Sub Collector, Office of the Sub Collectorate, Pattukottai, Thanjavur District.
2.The Assistant Director, Mines and Minerals Department, Office of the Assistant Director Mines & Minerals Department, Collector Office Campus, Thanjavur District.
3.The Inspector of Police, Adiramapattinam Police Station, Thanjavur District.
(In Crime No. 988 of 2020) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus directing the respondents herein to release of petitioner's Vehicle TATA 207 bearing Registration No. TN 49 Q 6696 within a time stipulated by this Court.
For Petitioner : Mr.A.Selvendran For Respondents : Mr.P.Thilakkumar Government Pleader
ORDER
(Order of this Court was made by M.DURAISWAMY,J.) The petitioner, who is claiming to be the owner of the vehicle, seeks release of the same by filing the writ petition, pursuant to his representation dated 16.02.2021.
2.This Court had already held that the remedy open to the petitioner is to approach the jurisdictional designated Court and not to invoke the extraordinary jurisdiction of this Court. This is also for the reason that the power of confiscation is available to https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.3811 of 2021 the designated Court. Though an F.I.R., has been registered, the offence involved would include Section 21(1) of the Mines and Minerals Act. Such a situation had already been taken note of by way of a clarification by this Court indicating the procedure to be followed. Thus, the present writ petition stands closed, giving liberty to the petitioner to work out his remedy in the manner known to law in tune with the order of the Division Bench. In the event of filing a petition before the jurisdictional designated Court, the said Court is expected to dispose of the same, on merits and in accordance with law, within a period of four weeks from the date of receipt of such an application. No costs.
Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) SSL/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 Revenue Divisional Officer/Sub Collector, Office of the Sub Collectorate, Pattukottai, Thanjavur District.
2.The Assistant Director, Mines and Minerals Department, Office of the Assistant Director Mines & Minerals Department, Collector Office Campus, Thanjavur District.
3.The Inspector of Police, Adiramapattinam Police Station, Thanjavur District.
+1 CC to M/s.SPL.GP ( SR-30997[F] dated 04/10/2021 ) W.P(MD)No.3811 of 2021 01.10.2021 DJ(CO)/RS (26.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2