Madras High CourtWP(MD)/12504/2019disposed of

Sakthivel, v. The Assistant Director,

2019-05-29Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.12504 and 12505 of 2019 Sakthivel ... Petitioner in both cases Vs.

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

2. The Revenue Divisional Officer, Palani, Dindigul District.

3. The Inspector of Police, Keeranur Police Station, Dindigul District.

... Respondents in both cases COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents and their subordinates to release the JCB bearing Registration No.TN-38-BD-1066 and Lorry bearing Registration No.TN18-L-9343 respectively, seized on 27.04.2019 by the 3rd respondent and which is now under the custody of the respondents. (in both cases) For Petitioner : Mr.D.Venkatesh For Respondents : Mr.Aayiram K.Selvakumar, Additional Government Pleader

ORDER

Heard the learned counsel on either side. By consent of both parties these writ petitions are taken up for final disposal at the admission stage itself.

2.The petitioner's vehicles were seized by the police in connection with criminal case pertaining to illegal transportation of sand. The vehicles were also produced before the learned Jurisdictional Magistrate. The learned counsel for the petitioner stated that applications filed by the petitioner for return of the vehicles were dismissed.

3.The petitioner is permitted to once again move the learned Jurisdictional Magistrate under Section 451 of Cr.P.C., and the learned Jurisdictional Magistrate is directed to entertain the application and dispose it of the same on merits and in accordance with law.

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4.With the above liberty, these writ petitions are disposed of. No costs.

sd/ Assistant Registrar/ Vacation OFficer(CRL. SIDE) /True Copy/ Sub Assistant Registrar To

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

2. The Revenue Divisional Officer, Palani, Dindigul District.

3. The Inspector of Police, Keeranur Police Station, Dindigul District.

+1 CC to Mr.D.VENKATESH, Advocate ( SR-66685[F] dated 31/05/2019 ) +1 CC to SPL GP ( SR-66634[F] dated 31/05/2019 ) W.P.(MD)Nos.12504 and 12505 of 2019 29.05.2019 skm MK (06.06.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/