Madras High CourtWP(MD)/8796/2019disposed of

Raveendran v. The District Collector,

2019-04-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8796 of 2019 Raveendran ... Petitioner Vs 1.The District Collector, Tanjore District, Tanjore.

2.The Revenue Divisional Officer, Tanjore District, Tanjore.

3.The Assistant Director, Mines and Minerals Department, Tanjore District.

4.The Thasildar, Musiri Taluk, Tanjore District.

5.The Inspector of Police, Budalur Police Station, Tanjore District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to consider the representations sent by this petitioner dated 05.04.2019 and direct the respondents to release his Ashok Leyaland lorry bearing Registration No.TN 36 L 1741 seized by the fifth respondent on 07.03.2018 and handover the same to this petitioner. For Petitioner : Mr.J.William Christopher For Respondents : Mr.K.Mu.Muthu Additional Government Pleader

ORDER

The petition mentioned lorry was seized in connection with illegal transportation of sand. It was produced before the Jurisdictional Magistrate. It is stated that the learned Magistrate passed an order, directing interim release of the vehicle. But then, due to subsequent developments, the learned Magistrate declined to accept the surety.

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

2.I am of the view that since the Special Court is yet to be constituted, the learned Magistrate is very much having authority and jurisdiction to grant the relief. In this case, an order had already been passed in favour of the writ petitioner for release of vehicle. The leaned Magistrate is directed to accept the petitioner's surety in terms of the earlier order passed. 3.With this direction, the writ petition is disposed of . No costs.

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

2.The Revenue Divisional Officer, Tanjore District, Tanjore.

3.The Assistant Director, Mines and Minerals Department, Tanjore District.

4.The Thasildar, Musiri Taluk, Tanjore District.

5.The Inspector of Police, Budalur Police Station, Tanjore District.

+1CC TO MR.J.WILLIAM CHRISTOPHER, Advocate Sr. No.61209 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 61003 W.P.(MD)No.8796 of 2019 12.04.2019 TR (24.04.2019) 2P 8C https://hcservices.ecourts.gov.in/hcservices/