Manoharan v. The Assistant Director

W.P.(MD)No.5216 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.5216 of 2021 (Through Video Conferencing) Manoharan : Petitioner Vs.

1.The Assistant Director, Geology and Mining Department Pudukottai District Pudukottai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Pudukottai, Pudukottai District.

3.The Inspector of Police, Karambakudi Police Station, Pudukottai District.

in Crime No.775/2020 : 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 the petitioner's bullock cart from their custody and to hand over the possession of bullock cart to him. For Petitioner : Mr.M.Ramu For Respondents : Mr.K.P.Krishnadass 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 Bullock cart, seeks release of the same by filing the writ petition in pursuant to the representation made on 24.02.2021. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5216 of 2021 would 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. Though the petitioner seeks to release the Bullock Cart, the offence appears to be the same. It appears that the present modus operandi of using bullock cart amounts to modernized shipping of sand. 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 (Records) // 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 Assistant Director, Geology and Mining Department Pudukottai District Pudukottai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Pudukottai, Pudukottai District.

3.The Inspector of Police, Karambakudi Police Station, Pudukottai District.

+1 CC to M/s.SPL GP ( SR-10932[F] dated 12/03/2021 ) Order made in W.P.(MD)No.5216 of 2021 Dated: 11.03.2021 ES(CO) KK(23.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2