Karthikeyan v. The Revenue Divisional Officer

W.P.(MD)No.4000 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.4000 of 2021 (Through Video Conferencing) Karthikeyan : Petitioner Vs.

1.The Revenue Divisional Officer, Revenue Divisional office, Aranthangi Pudukottai District.

2.The Inspector of Police, Nagudi Police Station, Pudukottai District.

3.The Assistant Director, Tamilnadu Mines and Minerals Pudukottai District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents to release the petitioner's Mahindra Single Cab bearing Registration No.TN02 P 3708 on the file of the 2nd respondent herein and return the vehicle to the petitioner based on his representation dated 19.02.2021.

For Petitioner : Mr.S.Sathya Chidambaram For Respondents : Mr.K.P.Krishnadoss Special Government Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, 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 19.02.2021.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4000 of 2021 Court. Though an FIR has been registered, the offence involved would include Section 21(1) of the Mines and Minerals Act. Such a situation has already been taken note of by way of a clarification by us 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. If any application is made by the petitioner, it would be disposed of within two weeks from the date of receipt of such application. No costs.

Sd/- Assistant Registrar (RTI ACT) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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, Revenue Divisional office, Aranthangi Pudukottai District.

2.The Inspector of Police, Nagudi Police Station, Pudukottai District.

3.The Assistant Director, Tamilnadu Mines and Minerals Pudukottai District.

+1 CC to M/s.SPL GP ( SR-14086[F] dated 29/03/2021 ) Order made in W.P.(MD)No.4000 of 2021 Dated: 26.03.2021 RK (24.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2