S.Pazhanisampath, v. The State Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9551 of 2019 Pazhanisampath ... Petitioner Vs 1.The State Represented by The Inspector of Police, Karungal, Kanyakumari District 2.The Assistant Director, Mines and Minerals, Nagercoil, Kanyakumari District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to release the petitioner's 407 Mini Lorry bearing Registration No. KL 06 F 4396.

For Petitioner : Mr.P.Sam Japa Singh 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.

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

4. With the above liberty, the Writ Petition is closed. No costs.

Sd/- Assistant Registrar (CS-I) / True Copy / Sub Assistant Registrar(CS-II) To:

1.The Judicial Magistrate, Eraniel.

2.The Inspector of Police, Karungal, Kanyakumari District 3.The Assistant Director, Mines and Minerals, Nagercoil, Kanyakumari District.

W.P.(MD)No.9551 of 2019 29.04.2019 ES/29.04.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/