Kalithass v. The Revenue Divisional Officer

W.P.(MD)No.7124 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.7124 of 2021 (Through Video Conferencing) Kalithass : Petitioner Vs.

1.The Revenue Divisional Officer, Trichy, Trichy District.

2. The Assistant Director of Mines & Minerals, Trichy, Trichy District.

3. The Inspector of Police, E.Pudur Police Station, Trichy City.

(Crime No.363 of 2019) : 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 Ashok Leyland Lorry bearing its registration No.TN-31-F-0354 seized by the 3rd respondent in Crime No.363 of 2019, by considering the petitioner's representation dated 02.03.2021 within the period that may be stipulated by this Court.

For Petitioner : Mr.V.Vishnu For Respondents : Mr.K.P.Krishna doss, 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 his representation made on 02.03.2021.

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 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.7124 of 2021 the Division Bench. If any application is made by the petitioner, the same would be disposed of within two weeks from the date of receipt of such application. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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, Trichy, Trichy District.

2. The Assistant Director of Mines & Minerals, Trichy, Trichy District,

3. The Inspector of Police, E.Pudur Police Station, Trichy City.

+1 CC to M/s.SPL GP ( SR-14316[F] dated 30/03/2021 ) Order made in W.P.(MD)No.7124 of 2021 Dated: 29.03.2021 RK (30.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2