Madras High CourtWP(MD)/8146/2019disposed of

Balasubramani, v. The Revenue Divisional Officer

2019-04-05Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8146 of 2019 Balasubramani ... Petitioner Vs 1.The Revenue Divisional Officer, Kulithalai, Karur District.

2.The Assistant Director, Mines and Minerals Department, Karur District.

3.The Inspector of Police, Thogaimalai Police Station, Kulithalai Taluk, Karur District.

... 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 petitioner's vehicle bearing Registration No.TN 52 C 1669 within a time as stipulated fixed by this Court. For Petitioner : Mr.V.Karuna For Respondents : Mr.K.Karuppasamy Government Advocate

ORDER

The petitioner's vehicle was seized by the police in connection with illegal transportation of sand. It was also produced before the Jurisdictional Magistrate. The petitioner had filed W.P.(MD) No.5351 of 2019 seeking release of vehicle. At that time submission was made that application filed under Section 451 of Cr.P.C. was still pending. Therefore, this Court gave a direction to the Jurisdictional Magistrate to dispose of the petitioner's application on merits and in accordance with law.

2.It appears that before the filing the said writ petition, he had already withdrwan the petition filed under Section 451 of Cr.P.C. Therefore this Court permits the writ petitioner to file fresh petition under Section 451 of Cr.P.C. before the very same Jurisdictional Magistrate., the Jurisdictional Magistrate shall entertain the same and dispose of the same on merits and accordance with law immediately and without any delay.

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3.The writ petition is disposed of with this liberty. No costs.

Sd/- Assistant Registrar (RECORDS) // True Copy // Sub Assistant Registrar(CS III) To:

1.The Revenue Divisional Officer, Kulithalai, Karur District.

2.The Assistant Director, Mines and Minerals Department, Karur District.

3.The Inspector of Police, Thogaimalai Police Station, Kulithalai Taluk, Karur District.

+1 CC to M/s.V.KARUNA, Advocate ( SR-59445[F] dated 05/04/2019 ) W.P.(MD)No.8146 of 2019 05.04.2019 DS/ /SAR- (05.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/