Banumathi v. The District Colector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5838 of 2019 Banumathi ... Petitioner Vs 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

(Crime No.374 of 2018) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the second respondent to release the petitioner's Ford Car bearing Registration No.TN 72 AD 3232 seized in connection with FIR in Crime No.374 of 2018 dated 20.10.2018.

For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mr.R.Sethuraman Special Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petition mentioned vehicle was seized on 20.10.2018 in connection with Crime No.374 of 2018 registered on the file of the second respondent. It is alleged that the vehicle was involved in an offence under the Tamil Nadu Prohibition Act. Admittedly, till date no order of confiscation has been passed. There is no point in keeping the petitioner's vehicle in the custody of the second respondent. The second respondent, therefore, directed to release the petition mentioned vehicle to the petitioner forthwith and without any delay. The Writ Petition is allowed accordingly. However, allowing of this writ petition will not come in the way of the second respondent from taking action for confiscation of the vehicle. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Tirunelveli District, Tirunelveli.

https://hcservices.ecourts.gov.in/hcservices/

2.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

+1cc to Mr.P.M.Vishnuvarthanan, Advocate, SR.No. 53864 +1cc to M/s.Special Government Pleader,SR.No. 54005 W.P.(MD)No.5838 of 2019 rmk KK/SAR-/21.03.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/