Madras High CourtWP(MD)/6193/2021disposed of

Sathasivam v. The Revenue Divisional Officer

2021-03-19Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.6193 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6193 of 2021 Sathasivam ... Petitioner -Vs1.The Revenue Divisional Officer, Thiruverumbur Taluk, Trichy District.

2.The Assistant Director, Mines and Geology Department, Trichy District.

3.The Inspector of Police, Thuvakkudi Police Station, Trichy District, (In Crime No.146/2019) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to release the TATA ACE of the petitioner bearing Registration No.TN 50 Y 6289 to his custody.

For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.S.Angappan Government Advocate

ORDER

Heard the learned counsel on either side. With the consent of learned counsel on either side, the Writ Petition is taken up for final disposal at the admission stage itself. 2.The petition mentioned vehicle was seized in connection with illegal transportation of sand. The Hon'ble Division Bench has directed that a writ petition of this nature ought not to be entertained and that, aggrieved parties should work out their rights before the Court below. At the same time, I cannot omit to note that the respondents are yet to produce the vehicle in question before the Court below.

3.The petitioner's counsel informs the Court that the petitioner's name is not found in the R.C.Book. But there are other documents to show that the title has passed hands. 4.Therefore, the respondents are directed to produce the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.6193 of 2021 vehicle before the Court below immediately and without delay. The petitioner is at liberty to move the Court concerned for release of the vehicle. On such application being filed, the Court below shall dispose it of on merits and in accordance with law, within a period of ten days thereafter. The Court below shall entertain the application, even though the petitioner's name is not reflected in the R.C.Book. I make it clear that I have not gone into the merits of the matter.

5.With this direction to the Court below, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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.

To 1.The Revenue Divisional Officer, Thiruverumbur Taluk, Trichy District.

2.The Assistant Director, Mines and Geology Department, Trichy District.

3.The Inspector of Police, Thuvakkudi Police Station, Trichy District.

+1 CC to M/s.SPL GP ( SR-12766[F] dated 22/03/2021 ) W.P.(MD)No.6193 of 2021 19.03.2021 DKS(CO) KK(19.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2