Madras High CourtWP(MD)/10223/2019disposed of

M.Sethu, v. The Revenue Divisional

2019-04-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10223 of 2019 M.Sethu ... Petitioner Vs 1.The Revenue Divisional Officer, Revenue Divisional Office, Karur District.

2.The Inspector of Police, Mayanur Police Station, Karur District.

3.The Assistant Director, Mines and Geology, Karur District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to release the vehicle belongs to the petitioner bearing Registration No.TN-48-M-8188 Tarash Lorry vehicle which was seized on 13.06.2018. For Petitioner : Mr.M.Suresh For Respondents : Mr.K.Mu.Muthu Additional Government Pleader

ORDER

Heard the learned counsel on either side. By consent of both parties this writ petition is taken up for final disposal at the admission stage itself.

2. When the matter was taken up for hearing, the learned counsel appearing for the writ petitioner submitted that even though the petitioner filed an application under Section 451 Cr.P.C. before the Jurisdictional Magistrate, the same is not being entertained by the Jurisdictional Magistrate on the ground that it is only the Special Court, which has to deal with the matter. The Special Court is yet to be constituted. Therefore, the petitioner is permitted to file a fresh application before the jurisdictional magistrate and the learned Jurisdictional Magistrate shall entertain the https://hcservices.ecourts.gov.in/hcservices/

petitioner's application for release of the vehicle and dispose of the petitioner's application on merits and in accordance with law. 3.With this direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (A.S.) // True Copy // Sub Assistant Registrar(CS ) ias To:

1.The Revenue Divisional Officer, Revenue Divisional Office, Karur District.

2.The Inspector of Police, Mayanur Police Station, Karur District.

3.The Assistant Director, Mines and Geology, Karur District.

1CC TO MR. M.SURESH, ADVOCATE SR 62872 DS 27/04/2019 2P 5C W.P.(MD)No.10223 of 2019 26.04.2019 https://hcservices.ecourts.gov.in/hcservices/