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Madras High CourtWP(MD)/8602/2022disposed of

Kannan.E v. The Revenue Divisional Officer

2022-04-28Honourable Mr Justice Paresh Upadhyay,Honourable Mr Justice R.Vijayakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No. 8602 of 2022 E.Kannan .. Petitioner Vs

1. The Revenue Divisional Officer, Tirunelveli, Collectorate Campus, Kokkirakulam, Tirunelveli - 627009.

2. The Assistant Director, Department of Geology and Mining, Collectorate Campus, Kokkirakulam, Tirunelveli- 627 009.

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

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent to release the petitioner's vehicle, JCB, Bearing Registration No.TN72BE5207, to the petitioner within the time stipulated by this Court.

For Petitioner : Mr.R.M.Suresh For Respondents : Mr.J.Ashok, Special Government Pleader for R1 to R3

ORDER

[Made by R.VIJAYAKUMAR, J.] 1.

The present writ petition has been filed seeking a writ of mandamus for releasing of JCB, which is stated to have been seized by the respondent authorities on the allegation of illegal mining.

2.

Learned Additional Government Pleader appearing for the respondents submits that the vehicle has been seized for https://hcservices.ecourts.gov.in/hcservices/ 1/2

illegal mining activities and the police have registered FIR in that regard. Learned Additional Government Pleader also submits that the seized vehicle will be produced before the concerned Judicial Magistrate on or before 04.05.2022. Hence, the petitioner can approach the learned Judicial Magistrate for release of the said vehicle, if he so advised.

3.

In view of above, this writ petition stands disposed of giving liberty to the petitioner to move this Court again as per law in case the vehicle is not produced before the concerned Judicial Magistrate. No costs.

Sd/- Assistant Registrar(AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) ssm/39 To

1. The Revenue Divisional Officer, Tirunelveli, Collectorate Campus, Kokkirakulam, Tirunelveli - 627009.

2. The Assistant Director, Department of Geology and Mining, Collectorate Campus, Kokkirakulam, Tirunelveli- 627 009.

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

+1 CC to M/s.SPL.GOVERNMENT PLEADER ( SR-23201[F] dated 02/05/2022 ) W.P(MD)No.8602 of 2022 28.04.2022 SP/11/05/2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2