Madras High CourtWP(MD)/5251/2019closed

Jeromine Kalaiyarasi, v. The Assistant Director,

2019-03-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 06.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.5251 and 5252 of 2019 Jeromine Kalaiyarasi ... Petitioner in W.P(MD).No.5251 of 2019 V.Kannadasan ... Petitioner in W.P(MD).No.5252 of 2019 Vs 1.The Assistant Director, Geology and Mines, Sivagangai District.

2.The Sub-Collector, Devakottai, Sivagangai District.

3.The Inspector of Police, Kallal Police Station, Sivagangai District.

... Respondents in both petitions COMMON PRAYER: Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents and their subordinates to release the lorry bearing Registration Nos. TN 75 C 6672 and TN 47 S 7986 seized on 19.01.2019 by the third respondent and which is now under the custody of the respondents, to the petitioner.

In both petitions For Petitioners : Mr.D.Venkatesh For Respondents : Mr.K.Mu.Muthu Additional Government Pleader COMMON 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 petitioners' 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 petitioners stated that an application filed by the petitioners for return of the vehicle was dismissed.

3. The petitioners are permitted to move the learned jurisdictional Magistrate under Section 451 Cr.P.C., and the learned Jurisdictional Magistrate is directed to entertain the application https://hcservices.ecourts.gov.in/hcservices/

and dispose the same on merits and in accordance with law.

4. With the above liberty, these Writ Petitions are closed. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS II) rmk To 1.The Assistant Director, Geology and Mines, Sivagangai District.

2.The Sub-Collector, Devakottai, Sivagangai District.

3.The Inspector of Police, Kallal Police Station, Sivagangai District. and Minerals, Trichy District.

1 CC to M/s.SPL GP ( SR-52234[F] dated 07/03/2019 ) +2 CC to M/s.D.VENKATESH, Advocate ( SR-52364[F] ,52365) W.P.(MD)Nos.5251 and 5252 of 2019 06.03.2019 DS/ /SAR- (12.03.2019) 2 P 7C https://hcservices.ecourts.gov.in/hcservices/