Kulumai @ Muniyasamy.N v. The Assistant Director Mines And Minerals
W.P.(MD)No.5560 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.5560 of 2021 (Through Video Conferencing) N.Kulumai @ Muniyasamy : Petitioner Vs.
1.The Assistant Director, Mines and Mineral Ramanathapuram, Ramanathapuram District.
2.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.
3.The Inspector of Police, Uchipuli Police Station, Ramanathapuram 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 Tractor bearing registration No.TN 65 H 1249, along with Trailer bearing registration No.TN 65 J 3823 entrust the same to the petitioner, and pass orders by perusing all the documents submitted on the side of the petitioner.
For Petitioner : Mr.R.Babu Jaganath 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 28.12.2020.
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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.5560 of 2021 would include Section 21(4) 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 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 Assistant Director, Mines and Mineral Ramanathapuram, Ramanathapuram District.
2.The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.
3.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.
+1 CC to M/s.SPL GP ( SR-11168[F] dated 15/03/2021 ) Order made in W.P.(MD)No.5560 of 2021 Dated: 12.03.2021 VB (22.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2