Kochadai v. The Superintendent Of Police

W.P.(MD)No.7294 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7294 of 2020 Kochadai ... Petitioner Vs 1.The Superintendent of Police, Maduri City, Madurai District.

2.The Inspector of Police, T.Kalluppatti Police Station, Madurai District.

3.The Additional Director, Mines and Minerals Department, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to release the JCB bearing Registration No. TN 58 AT 6193 from the custody of the 2nd respondent within the time stipulated by this Court.

For Petitioner : Mr.M.M.Iqbal For Respondents : Mr.M.Rajarajan Government Advocate

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 grievance is that the petition mentioned vehicle was seized by the second respondent and that therefore, he wants this Court to direct its release.

3.When the matter was taken up for admission, the learned Government Advocate points out that a criminal case has already been registered and that the vehicle was also produced before the Jurisdictional Court. Therefore, as rightly pointed out by the learned Government Advocate, the petitioner's remedy is only before the Court concerned. I make it clear that the Court concerned should dispose of the petitioner's application for return of the vehicle within a period of one week from the date of receipt of a copy of this order because, the Hon'ble Supreme Court time and against emphasized the need in this regard. Therefore, evenwhile dismissing this writ petition, liberty is given to the petitioner to move the Court concerned.

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W.P.(MD)No.7294 of 2020 4.The writ petition is dismissed accordingly. No costs. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Maduri City, Madurai District.

2.The Inspector of Police, T.Kalluppatti Police Station, Madurai District.

3.The Additional Director, Mines and Minerals Department, Madurai District.

W.P.(MD)No.7294 of 2020 06.07.2020 KB(07.07.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2