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Madras High CourtWP(MD)/5123/2021dismissed

Baseer Ali v. The Revenue Divisional Officer

2021-03-11Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.5123 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.5123 of 2021 (Through Video Conferencing) Baseer Ali : Petitioner Vs.

1.The Revenue Divisional Officer, Ramanathapuram Ramanathapuram District.

2.The Assistant Director, Mines and Geology Department Collectorate Ramanathapuram District.

3.The Inspector of Police, Thirupullani 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 to release petitioner's TATA Model Tipper lorry bearing registration No.TN 65 AC 3566 seized in connection with Crime No.39 of 2021 on the file of the 3rd respondent within the time period stipulated by this Court by considering the representation dated 22.02.2021.

For Petitioner : Mr.M.Boopathipandiyan 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 22.02.2021.

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

W.P.(MD)No.5123 of 2021 include Section 21(1) of the Mines and Minerals (Development and Regulations) Act, 1957. 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-II) // 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, Ramanathapuram Ramanathapuram District.

2.The Assistant Director, Mines and Geology Department Collectorate Ramanathapuram District.

3.The Inspector of Police, Thirupullani Police Station, Ramanathapuram District.

+1 CC to M/s.SPL GP ( SR-10913[F] dated 12/03/2021 ) Order made in W.P.(MD)No.5123 of 2021 Dated: 11.03.2021 VB (19.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2