Krishnasamy @ Ayothi v. The Revenue Divisional Officer

W.P.[MD]No.3729 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.[MD]No.3729 of 2021 Krishnasamy @ Ayothi

...Petitioner

Vs.

1.The Revenue Divisional Officer, Sattur, Virudhunagar District.

2.The Assistant Director, Mines and Minerals Department, Virudhunagar District.

3.The Inspector of Police, Rajapalayam Police Station, Virudhunagar District.

...Respondents

P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to release the petitioner's vehicle ie., Mahindra Tractor bearing Registration No.TN 58 AF 0194 along with Trailer bearing Registration No.TN 58 D 4195 seized by the third respondent on 03.02.2020 by considering the petitioner's representation dated 18.02.2021.

For Petitioner :Mr.D.Rajaboopathy For Respondents :Mr.A.Karthick Government Advocate

O R D E R

************ [Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner, who is claiming to be the owner of the vehicle, seeks release of the same by filing the writ petition in pursuant to his representation made on 18.02.2021.

2.We have already held that 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 power of confiscation is available to the designated Court. Though an FIR has been registered, the offence involved would include Section 21(1) of the Mines and Minerals Act. Such a https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.3729 of 2021 situation has already been taken note of by way of a clarification by us indicating the procedure to be followed. 3.Accordingly, 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. If any application is made by the petitioner, the same would be disposed of within two [2] weeks from the date of receipt of such application. However, there shall be no order as to costs. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Sattur, Virudhunagar District.

2.The Assistant Director, Mines and Minerals Department, Virudhunagar District.

3.The Inspector of Police, Rajapalayam Police Station, Virudhunagar District.

+1 CC to M/s.D.RAJABOOPATHY, Advocate ( SR-16177[F] dated 17/04/2021 ) +1 CC to M/s.SPL GP ( SR-16501[F] dated 19/04/2021 ) ORDER MADE IN W.P.[MD]No.3729 of 2021 17.04.2021 RP (25.05.2021) P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2