Apparaj v. The Sub Collector/Asst.Director

W.P.(MD)No.6028 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.6028 of 2021 (Through Video Conferencing) Apparaj : Petitioner Vs.

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

2.The Revenue Divisional Officer, Revenue Division Office, Thanjavur District 3.The Inspector of Police, Kallaperambur Police Station, Thanjavur District.

(Crime No.35 of 2021) : 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 to release the petitioner's bullock cart kept in the custody in Crime No.35 of 2021 on the file of the 3rd respondent police.

For Petitioner : Mr.J.Vijayaraja For Respondents : Mrs.J.Padmavathi Devi 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 Bullock Cart, seeks release of the same by filing the writ petition in pursuant to his representation made on 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.6028 of 2021 situation has already been taken note of by way of a clarification by us indicating the procedure to be followed. Though the petitioner seeks to release the Bullock Cart, the offence appears to be the same. It appears that the present modus operandi of using bullock cart amounts to modernized shipping of sand. 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. As and when an application is filed by the petitioner, the same would be disposed of within two weeks from the date of receipt of such an application. No costs.

Sd/- Assistant Registrar (RTI ACT) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. RR To 1.The Sub Collector/Assistant Director, Mines and Minerals Department, Thanjavur District.

2.The Revenue Divisional Officer, Revenue Division Office, Thanjavur District 3.The Inspector of Police, Kallaperambur Police Station, Thanjavur District.

+1 CC to M/s.SPL GP ( SR-12489[F] dated 19/03/2021 ) Order made in W.P.(MD)No.6028 of 2021 Dated: 18.03.2021 GS (24.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2