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Madras High CourtCRL OP(MD)/10153/2018dismissed

Thangaraj v. The Superintendent Of Police

2018-06-22Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2018

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.10153 of 2018 Thangaraj ... Petitioner Vs.

1. The Superintendent of Police, Thoothukudi District.

2. The Inspector of Police, Murappanadu Police Station, Thoothukudi District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents, more particularly the second respondent and his subordinate to release the tipper lorry of the petitioner bearing registration No.TN-72-AS-8827 forcibly taken from the custody of the petitioner by the subordinates of the second respondent on 24.04.2018 and illegally detained in the second respondent police station forthwith to the petitioner. For Petitioner : Mr.D.Venkatesh For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor.

ORDER

According to the petitioner, his tipper lorry bearing Registration No.TN-72-AS-8827 has been forcibly taken by the subordinates of the second respondent on 24.04.2018 and illegally detained in the second respondent police station. Hence, the petitioner is before this Court with the aforesaid prayer. 2.The learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that by communication dated 23.04.2018, the Tahsildar, Srivaikundam has initiated action under the provisions of Tamil Nadu Minor Mineral Concession Rules, 1959, in which it has been stated that till the order will be obtained from the Sub-Collector, Thoothukudi, the vehicle involved in the offence shall be kept in the custody of the second respondent. Therefore, the petitioner can move before the Tahsildar, Srivaikundam, for releasing the aforesaid vehicle. https://hcservices.ecourts.gov.in/hcservices/ 3.Recording the said submission made by the learned

Additional Public Prosecutor, this Criminal Original Petition is dismissed. However, it is open to the petitioner to approach the Tahsildar, Srivaikundam or appropriate Court to work out his remedy. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Thoothukudi District.

2. The Inspector of Police, Murappanadu Police Station, Thoothukudi District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.D.Venkatesh, Advocate in SR. No.69505 myr MK/VR/SAR 2/04.07.2018/2P/5C Crl.O.P.(MD)No.10153 of 2018 22.06.2018 https://hcservices.ecourts.gov.in/hcservices/