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Madras High CourtWMP(MD)/7557/2020allowed

S. Sivasankar v. The Revenue Divisional Officer

2020-07-29Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Special Originl Jurisdiction) Wednesday, the Twenty Ninth day of July Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN WMP(MD). No.7557 of 2020 in W.P(MD)No.3058 of 2020 S. Sivasankar ... Petitioner Vs 1 The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Collectorate, Thanjavur.

2 The Assistant Director of Mines and Minerals, Office of the Assistant Director of Mines and Minerals, Thanjavur 3 The Inspector of Police Thirukattupalli Police Station Thirukattupalli Thanjavur District. ..Respondents Prayer in WMP(MD)NO7557 of 2020 Writ Miscellaneous Petition filed praying that this Court be pleased to modify Para No.7 (ii) of order dated 21.2.2020 in WP(MD) 3058 of 2020 and enable the petitioner to deposit the amount before the 2nd respondent instead of 3rd respondent and thus render justice.

Prayer in W.P.(MD)Bi,3058 of 2020 Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to release the petitioner Tipper Lorry bearing Reg.No.TNG-7001 seized on 05.07.2018 which is kept under the custody of the 3rd respondent by considering the petitioner!s representations dated 09.02.2019 and 07.02.2020.

ORDER:- This Writ Miscellaneous Petition coming on for hearing on this day and upon perusing the earlier order dated 21.02.2020 and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.Krishnan , Advocate for the Petitioner and of Mr.S.Angappan, Government Advocate for the respondents, this Court made the following order: https://hcservices.ecourts.gov.in/hcservices/

The order dated 21.02.2020 in W.P.(MD)No.3058 of 2020 states that the petitioner shall deposit a sum of Rs.50,000/- for the vehicle before the third respondent. The petitioner wants modification of the said condition.

2.The petitioner is permitted to deposit the said amount before the second respondent herein instead of the third respondent. The petitioner is given six weeks from the date of receipt of a copy of this order to make such deposit.

3.This petition is allowed on these terms.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) 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.

2.Issue Order Copy on 30.07.2020.

TO

1. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Collectorate, Thanjavur

2. The Assistant Director of Mines and Minerals, Office of the Assistant Director of Mines and Minerals, Thanjavur.

3. The Inspector of Police, Thirukattupalli Police Station, Thirukattupalli, Thanjavur District.

ORDER DATED : 29/07/2020 ==========================

ORDER

========================== WMP(MD). No.7557 of 2020 in W.P.(MD)No.3058 of 2020 Giving direction and etc.

as stated within.

SMA/31/07/2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/