Madras High CourtWP(MD)/10393/2019closed

Maridurai v. The Assistant Director,

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.10393 of 2019 Maridurai ... Petitioner Vs 1.The Assistant Director, Mines and Minerals Department, Tirunelveli District.

2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

3.The Inspector of Police, Chokkampatti Police Station, Tirunelveli 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 Tractor bearing Registration No.TN-29-BJ-0164 with Trailer bearing Registration No.TN.47-R-0231 from the 3rd respondent custody from 07.03.2019.

For Petitioner : Mr.K.Palmurugan 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. The petitioner's vehicle was seized by the police in connection with criminal case pertaining to illegal transportation of sand. It has since been produced before the learned Jurisdictional Magistrate. Therefore, this writ petition is not maintainable. The petitioner has to move the Jurisdictional Magistrate for release. It is made clear that the Magistrate would very much have the jurisdiction to entertain and dispose of such an application

3. The petitioner is permitted to move the learned jurisdictional Magistrate under Section 451 Cr.P.C., and the learned Jurisdictional Magistrate is directed to entertain the https://hcservices.ecourts.gov.in/hcservices/

application and dispose the same on merits and in accordance with law.

4. With the above liberty, the Writ Petition is closed. No costs.

Sd/- Assistant Registrar(Records) (Dated: 27.04.2019) (*)Amended as per order of this Court dated 30.05.2019 Sd/- Vacation Officer/ Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Ias (*)to be substituted to the order already despatched on 27.04.2019 To:

1.The Assistant Director, Mines and Minerals Department, Tirunelveli District.

2.The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

3.The Inspector of Police, Chokkampatti Police Station, Tirunelveli District.

+1CC TO MR.K.PALMURUGAN, Advocate Sr. No.63265 W.P.(MD)No.10393 of 2019 26.04.2019 NR(CO) TR (31.05.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/