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Madras High CourtWP(MD)/11777/2019allowed

Nithiyaraj, v. The Assistant Director

2019-05-08Honourable Mr Justice G.R.Swaminathan2 pages

THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11777 of 2019 Nithiyaraj ... Petitioner Vs

1. The Assistant Director, Geology and Mines, Sivagangai District.

2. The Sub-Collector, Devakottai, Sivagangai District.

3. The Inspector of Police, Somanathapuram Police Station, Sivagangai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents and their subordinates to release the Lorry Registration No.TN 55 H 6765 seized on 06.08.2018 by the third respondent and which is now under the custody of the respondents, to the petitioner. For Petitioner : Mr.D.Venkatesh For Respondents : Mr.B.Bhagavathi Government Advocate

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 was also produced before the learned Jurisdictional Magistrate. The learned counsel for the petitioner stated that an application filed by the petitioner for return of the vehicle was dismissed.

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

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

sd/ Vacation Officer /True Copy/ Sub Assistant Registrar To

1. The Assistant Director, Geology and Mines, Sivagangai District.

2. The Sub-Collector, Devakottai, Sivagangai District.

3. The Inspector of Police, Somanathapuram Police Station, Sivagangai District.

+1 CC to SPL GP ( SR-65630[F] dated 09/05/2019 ) +1 CC to Mr.D.VENKATESH, Advocate ( SR-65696[F] dated 10/05/2019 ) W.P.(MD)No.11777 of 2019 08.05.2019 pnn MK/16.05.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/