Madras High CourtWP(MD)/12038/2019dismissed

Pillaiyar, S/O.Ramaiah, v. The Assistant Director

2019-05-15Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.05.2019

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU W.P.(MD)No.12038 of 2019 Pillaiyar ... Petitioner Vs.

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

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

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

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to release the seized Tractor cum Trailer bearing Registration No.TN76-W-4835 for transporting river sand, on the basis of the petitioner's representation, dated 11.05.2019. For Petitioner : Mr.T.Indrachithu For Respondents : Mr.K.Mu.Muthu Additional Government Pleader

O R D E R

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.

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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.

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

Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The Assistant Director, Geology and Mines and Minerals Department, Collectorate Office, Tirunelveli, Tirunelveli District.

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

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

+1 CC to M/s.T.INDRACHITHU, Advocate ( SR-65798[F] dated 15/05/2019 ) +1 CC to M/s.SPL GP ( SR-66031[F] dated 16/05/2019 ) W.P.(MD)No.12038 of 2019 15.05.2019 CS: 28/05/2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/