Kaleeswari.S v. The Revenue Divisional Officer

W.P.(MD)No.5171 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.5171 of 2021 (Through Video Conferencing) S.Kaleeswari : Petitioner Vs.

1.The Revenue Divisional Officer, Virudhunagar District, Virudhunagar 2.The Assistant Director, Mines and Minerals Department Virudhunagar District.

3.The Inspector of Police, Srivilliputhur Police Station, Srivilliputhur Virudhunagar 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 the petitioner's vehicle ie., Tractor along with Trailer bearing Registration NO.TN 75 J 3255 seized by the 3rd respondent on 18.03.2019 by considering the petitioner's representation dated 20.11.2020.

For Petitioner : Mr.S.Saravanakumar 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 20.11.2020.

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

W.P.(MD)No.5171 of 2021 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 () // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Virudhunagar District, Virudhunagar 2.The Assistant Director, Mines and Minerals Department Virudhunagar District.

3.The Inspector of Police, Srivilliputhur Police Station, Srivilliputhur Virudhunagar District.

+1 CC to M/s.SPL GP ( SR-10933[F] dated 12/03/2021 ) W.P.(MD)No.5171 of 2021 Dated: 11.03.2021 ES(CO) KB(24.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2