Madras High CourtWP(MD)/280/2018dismissed

K.Senthamaraikannan v. The District Collector,

2018-01-08Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.280 of 2018 K.Senthamaraikannan ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

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

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

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to release the petitioner's Tipper Lorry bearing Registration No.TN-64-D-7931 seized on 19.12.2017, hand over to the petitioner.

For Petitioner : Mr.M.Subash Babu For Respondents : Mrs.J.Padmavathy Devi, Special Government Pleader.

ORDER

The Writ Petition has been filed seeking release of the petitioner's Tipper Lorry bearing Registration No.TN-64-D-7931 seized on 19.12.2017 by the third respondent. 2.When the matter is taken up for hearing, the learned Special Government Pleader appearing on behalf of the respondents submitted that FIR has been filed against the petitioner in Crime No.106/17 under Section 21 (1) of Mines and Minerals (Development & Regulation) Act, 1957 and the lorry has been produced before the Judicial Magistrate, Manamadurai.

3.In the above circumstances, since the lorry has been produced before the Judicial Magistrate, Manamadurai, the petitioner is at liberty to file a necessary application before the Judicial Magistrate, Manamadurai, seeking release of the vehicle.

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4.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Sivagangai District, Sivagangai.

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

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

+1cc to M/S.M.Subash Babu, Advocate SR.No. 41068 +1cc to Special Government Pleader, SR.No. 41487 W.P(MD)No.280 of 2018 08.01.2018 MYR JM/KKR/SAR 1/22.01.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/