Krishnamoorthy v. The Assistant Director

1 W.P.(MD)NO.8408 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8408 of 2020 Krishnamoorthy ... Petitioner Vs.

1. The Assistant Director, Mines and Minerals Department, Office of the Collectorate, Pudukkottai District.

2. The Revenue Divisional Officer, Illupur Post and Taluk, Pudukkottai District.

3. The Tahsildar, Viralimalai Taluk, Pudukkottai District.

4. The Sub Inspector of Police, Viralimalai 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 respondent to release the petitioner's Tipper Lorry bearing registration number TN-55-Q-0682.

For Petitioner : Mr.P.Ganapathy Subramanian For Respondents : Mr.S.Angappan 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. The learned Government Advocate states that in this case, the vehicle has been produced before the jurisdictional criminal Court in R.P.R.No.204 of 2020 dated 29.06.2020. https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 W.P.(MD)NO.8408 OF 2020

4. Therefore, the petitioner has to necessarily move the jurisdictional criminal Court for release of the vehicle. Giving such liberty to the petitioner, this writ petition stands dismissed. No costs.

5.At this juncture, the petitioner's counsel states that he will file such an application for return of vehicle within a period of one week from the date of receipt of a copy of this order. The jurisdictional Court is directed to dispose of the said application on merits and in accordance with law, within a period of two weeks thereafter.

Sd/- Assistant Registrar (CS-II) // 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.

To:

1. The Assistant Director, Mines and Minerals Department, Office of the Collectorate, Pudukkottai District.

2. The Revenue Divisional Officer, Illupur Post and Taluk, Pudukkottai District.

3. The Tahsildar, Viralimalai Taluk, Pudukkottai District.

4. The Sub Inspector of Police, Viralimalai police station, Pudukkottai District. +1 CC to M/s.Special Government Pleader ( SR-13502[F] dated 03/08/2020 ) W.P.(MD)No.8408of 2020 31.07.2020 msa SDS (06.08.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/4