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Madras High CourtWP(MD)/8905/2019closed

Sridharan, S/O.Manickavelan v. The Assistant Director

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.8905 of 2019 Sridharan ... Petitioner Vs

1. The Assistant Director, Geology and Mines, Sivagangai District.

2. The Sub Collector, Devakottai, Sivagangai District.

3. The Inspector of Police, Sakkottai Police Station, Sivagangai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents and their subordinates to release the Mahindra Max bearing Registration No.TN-50-E-4633 seized on 27.05.2018 by the 3rd respondent which is now under the custody of the respondents, to the petitioner. For Petitioner : Mr.D.Venkatesh For Respondents : Mr.K.Mu.Muthu Additional Government Pleader

ORDER

Heard the learned counsel on either side. By consent of both parties this writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner's vehicle was seized by the police in connection with criminal case pertaining to illegal transportation of sand. It was also produced before the learned Jurisdictional Magistrate. The learned counsel for the petitioner stated that an application filed by the petitioner for return of the vehicle was dismissed.

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3. The petitioner is permitted to move the learned jurisdictional Magistrate under Section 451 Cr.P.C., and the learned

Jurisdictional Magistrate is directed to entertain the application and dispose the same on merits and in accordance with law.

4. With the above liberty, the Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To:

1. The Assistant Director, Geology and Mines, Sivagangai District.

2. The Sub Collector, Devakottai, Sivagangai District.

3. The Inspector of Police, Sakkottai Police Station, Sivagangai District.

+1 CC to SPECIAL GOVERNMENT PLEADER ( SR-61026[F] dated 15/04/2019 ) +1 CC to MR.D.VENKATESH, Advocate ( SR-61295[F] dated 16/04/2019 ) W.P.(MD)No.8905 of 2019 12.04.2019 (1/2) ias AE (27.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/