Kanaka Veera Pandian v. The Revenue Divisional Officer

1 W.P.(MD)NO.7945 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7945 of 2020 Kanaka Veera Pandian ... Petitioner Vs.

1. The Revenue Divisional Officer, Revenue Divisional Office, Pattukottai, Thanjavur District.

2. The Tahsildar, Taluk Office, Peravorani Taluk, Thanjavur District.

3. The Inspector of Police, Peravorani police station, Thanjavur District.

4. The Assistant Director, Tamilnadu Mines and Minerals, Thanjavur District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 18.06.2020 immediately and release the petitioner's Tractor along with trailer bearing Registration No.TN 55-BY-6181 in MODEL "MAHINDRA 575 D1 POWER"seized on 24.09.2019 in connection with Crime No.170 of 2019 on the file of the third respondent herein and hand over to the petitioner.

For Petitioner : M/s.S.Sathya Chidambaram For Respondents : Mr.A.Muthukaruppan, Government Advocate.

O R D E R

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. This writ petition has been filed seeking release of the petition mentioned vehicle.

3. When the matter was taken up for hearing, the learned Government Advocate states that in this case, First Information https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 W.P.(MD)NO.7945 OF 2020 Report has been registered in Crime No.170 of 2019 on the file of the third respondent and the vehicle has also been produced before the jurisdictional criminal Court in R.P.R.No.66 of 2019.

4. Therefore, the petitioner has to necessarily move the jurisdictional criminal Court for release of the vehicle. As and when the petitioner files an application for interim custody, the same shall be disposed of by the jurisdictional criminal Court within a period of two weeks, thereafter.

5. With this direction to the jurisdictional criminal Court and by giving such liberty to the petitioner, this writ petition stands dismissed. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu 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 Revenue Divisional Officer, Revenue Divisional Office, Pattukottai,Thanjavur District.

2. The Tahsildar, Taluk Office, Peravorani Taluk,Thanjavur District.

3. The Inspector of Police, Peravorani police station,Thanjavur District.

4. The Assistant Director, Tamilnadu Mines and Minerals, Thanjavur District.

+1 CC to M/s.GP ( SR-13213[F] dated 23/07/2020 ) W.P.(MD)No.7945 of 2020 23.07.2020 AP (28.07.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/4