Murugaiah.S v. The Asst Director

W.P.(MD)No.5919 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.5919 of 2021 (Through Video Conferencing) S.Murugaiah : Petitioner Vs.

1.The Assistant Director, Department of Geology and Mining, Collectorate, Sivagangai District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Karaikudi, Sivagangai District.

3.The Inspector of Police, Pallathur Police Station, Pallathur, Sivagangai District.

: 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 herein to release the petitioner's vehicle, namely, Ashok Leyland Tipper Lorry bearing registration No.TN 55 AB 3395 to the petitioner.

For Petitioner : Mr.C.Prithviraj 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 the his representation made on 17.02.2021.

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

W.P.(MD)No.5919 of 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 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. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) gk To 1.The Assistant Director, Department of Geology and Mining, Collectorate, Sivagangai District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Karaikudi, Sivagangai District.

3.The Inspector of Police, Pallathur Police Station, Pallathur, Sivagangai District.

+1 CC to M/s.SPL GP ( SR-12178[F] dated 18/03/2021 ) Order made in W.P.(MD)No.5919 of 2021 Dated: 17.03.2021 VB (30.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2