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Madras High CourtWP(MD)/11366/2019allowed

A.Maruthamuthu, v. The Assistant Director,

2019-04-30Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11366 of 2019 A.Maruthamuthu ... Petitioner Vs

1. The Assistant Director, Mines and Minerals, Trichy District.

2. The Revenue Divisional Officer, Sri Rangam, Trichy District.

3. The Inspector of Police, Manikandam Police Station.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus thereby direct the respondents to release the petitioner's vehicle Motor Cycle (Hero Glamour F1) bearing Registration No.TN 55 AU 1238.

For Petitioner : Mr.K.Praveen Kumar For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

Heard the learned counsel on either side.

2.The petitioner's vehicle was seized in connection with illegal transportation of sand. The enquiry in this regard is still pending. The learned counsel for the petitioner affirms before this Court that the petitioner's vehicle was not involved in any previous incident of sand theft or illegal transportation of sand.

3.The submission of the learned counsel for the petitioner is placed on record. If this submission turns out to be false, the order now passed by this Court would stand automatically recalled and the petitioner will be visited with serious consequences. I am of the view that no purpose will be served by keeping the vehicle in question in the custody of the respondents. If the vehicle is kept in open space and exposed to sun light and rain, it would lose its value. Therefore, the respondents are directed to release the petitioner's vehicle forthwith and without any delay.

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4.Accordingly, this writ petition is allowed. No costs. Sd/- Vaction Officer(AE) /True Copy/ Sub Assistant Registrar To

1. The Assistant Director, Mines and Minerals, Trichy District.

2. The Revenue Divisional Officer, Sri Rangam, Trichy District.

3. The Inspector of Police, Manikandam Police Station.

+1 CC to Mr.K.PRAVEEN KUMAR, Advocate ( SR-64599[F] dated 30/04/2019 ) +1 CC to SPL GP ( SR-64904[F] dated 02/05/2019 ) W.P.(MD)No.11366 of 2019 30.04.2019 pnn MK/(16.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/