Madras High CourtWP(MD)/9954/2019allowed

S.Shanmugaiah v. The Revenue Divisional Officer

2019-04-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9954 of 2019 S.Shanmugaiah ... Petitioner Vs 1.The Revenue Divisional Officer, Tirunelveli, Tirunelveli Distirct.

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

3.The Inspector of Police, Vasudevanallur Police Station, Vasudevanallur, Sivagiri Taluk, Tirunelveli 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 his tractor bearing Registration No.TN-69-L-1820, Engine No.NCNW 8786, Chassis No.NCNW 8786 (Mahindra and Mahindra) model along with trailer seized by the third respondent police on 30.06.2018, by considering the petitioner's representation dated on 22.04.2019 within a time stipulated by this Court. For Petitioner : Mr.K.P.Sankarakumarakuruparan 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.

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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.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) rmk To 1.The Revenue Divisional Officer, Tirunelveli, Tirunelveli Distirct.

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

3.The Inspector of Police, Vasudevanallur Police Station, Vasudevanallur, Sivagiri Taluk, Tirunelveli District.

+1 CC to M/s.SPL GP ( SR-62896[F] dated 26/04/2019 ) +1 CC to M/s.K.P.SANKARA KUMARA KURUPARAN, Advocate ( SR-63234[F] dated 27/04/2019 ) W.P.(MD)No.9954 of 2019 25.04.2019 DS/ /SAR- (30.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/