Madras High CourtWP(MD)/5988/2021dismissed

Arumugam v. The Sub Collector/Asst.Director

2021-03-17Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.5988 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.5988 of 2021 (Through Video Conferencing) Arumugam : Petitioner Vs.

1.The Sub Collector / Assistant Director, Mines and Minerals Department, Thanjavur District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Thanjavur District.

3.The Inspector of Police, Town West Police Station, Thanjavur 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 herein to release the petitioner's bullock cart kept in custody in Crime No.1802 of 2021 dated 10.12.2020 on the file of the 3rd respondent.

For Petitioner : Mr.J.Vijayaraja 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 01.03.2021.

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 Act. Such a https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5988 of 2021 situation has already been taken note of by way of a clarification by us indicating the procedure to 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(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) gk To 1.The Sub Collector / Assistant Director, Mines and Minerals Department, Thanjavur District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Thanjavur District.

3.The Inspector of Police, Town West Police Station, Thanjavur District.

+1 CC to M/s.SPL GP ( SR-12245[F] dated 18/03/2021 ) Order made in W.P.(MD)No.5988 of 2021 Dated: 17.03.2021 smv(CO) TR(29.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2