Iyyappan v. The Assistant Director Of Geology And Mining

W.P.(MD)No.8357 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8357 of 2020 Iyyappan ... Petitioner Vs.

1. The Assistant Director of Geology and Mining, Pudukkottai District, Pudukkottai.

2. The Revenue Divisional Officer, Illuppur Revenue Division, Illuppur, Pudukkottai District.

3. The Sub Inspector of Police, Kaaraiyur police station, Pudukkottai District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to release the petitioner's JOHN DEERE Agricultural Tractor with Tipper bearing Registration No.TN 55 BC 4482 which is seized by the third respondent on 26.04.2020 to him within the stipulated time limit as fixed by the Court. For Petitioner : Mr.S.Muthalraj For Respondents : Mrs.S.Srimathy, Special Government Pleader.

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. The learned Special Government Pleader states that in this case, First Information Report has been registered in Crime No.88 of 2020 on the file of the third respondent and the vehicle has also been produced before the jurisdictional criminal Court in R.P.R.No.203 of 2020.

4. Therefore, the petitioner has to necessarily move the jurisdictional criminal Court for release of the vehicle. Giving https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.8357 of 2020 such liberty to the petitioner, this writ petition stands dismissed.

5. At this juncture, the petitioner's counsel states that within a week after the order copy is received, the petitioner would move the concerned Court. On such application being filed, the concerned Court shall dispose of the application on merits and in accordance with law within a period of one week, thereafter. 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 Assistant Director of Geology and Mining, Pudukkottai District, Pudukkottai.

2. The Revenue Divisional Officer, Illuppur Revenue Division, Illuppur, Pudukkottai District.

3. The Sub Inspector of Police, Kaaraiyur police station, Pudukkottai District.

+1 CC to MR.NA. PALANIYANDI, Advocate ( SR-13387[F] dated 31/07/2020 ) W.P.(MD)No.8357 of 2020 30.07.2020 KM (06.08.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2