Periyasamy, S/O.Vairan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8677 of 2019 Periyasamy ... Petitioner Vs 1.The District Collector, Office of the District Collectorate, Trichy District.

2.The Assistant Director, Mines and Minerals, Trichy, Trichy District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Musiri, Trichy District.

4.The Thasildar, Thottiyam, Trichy District.

5.The Inspector of Police, Kattuputhur Police Station, Trichy District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd and 5th respondents herein to forthwith release the petitioner's bike bearing Registration No.TN-88-A-5546 from their custody on the basis of the his representation dated 03.12.2018. For Petitioner : Mr.M.Subash Babu For Respondents : Mr.K.Mu.Muthu Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2.The petitioner's vehicle was seized in connection with illegal transportation of sand. The enquiry in this regard is still pending. The learned counsel for the petitioner affirms before this Court that the petitioner's vehicle was not involved in any previous incident of sand theft or illegal transportation of sand.

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3.The submission of the learned counsel for the petitioner is placed on record. If this submission turns out to be false, the order now passed by this Court would stand automatically recalled and the petitioner will be visited with serious consequences. I am of the view that no purpose will be served by keeping the vehicle in question in the custody of the respondents. If the vehicle is kept in open space and exposed to sun light and rain, it would lose its value. Therefore, the respondents are directed to release the said vehicle forthwith and without any delay. 4.The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) ias To:

1.The District Collector, Office of the District Collectorate, Trichy District.

2.The Assistant Director, Mines and Minerals, Trichy, Trichy District.

3.The Revenue Divisional Officer, Revenue Divisional Office, Musiri, Trichy District.

4.The Thasildar, Thottiyam, Trichy District.

5.The Inspector of Police, Kattuputhur Police Station, Trichy District.

+1CC TO MR.SUBASH BABU, Advocate Sr. No.60622 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 60733 W.P.(MD)No.8677 of 2019 11.04.2019 TR (24.04.2019) 2P 8C https://hcservices.ecourts.gov.in/hcservices/