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Madras High CourtWP(MD)/8415/2020dismissed

Chinnasamy v. The Asst.Director

2020-07-31Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.8415 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.8415 of 2020 Chinnasamy ... Petitioner Vs 1.The Assistant Director, Geology and Mining, Madurai District.

3.The Revenue Divisional Officer, Usilampatti, Madurai District.

3. The Inspector of Police, Sedapatti Police Station, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to release the Tipper lorry bearing registration No. TN-58-AU-7178 Seized in connection with Crime No.192 of 2020 on the file of the third respondent based on the petitioner's representation dated 24.04.2020.

For Petitioner : Mr.T.Palanisamy For Respondents : Mrs.S.Srimathy Special Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner seeks release of the petition mentioned vehicle.

3. The learned Special Government Pleader appearing for the respondents points out that the petition mentioned vehicle is involved in as many as six previous cases of the same in nature. I am therefore not inclined to grant relief in this writ petition. But the respondent cannot keep the vehicle in his custody and the third respondent must produce the vehicle in question before the jurisdictional Court without any delay.

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W.P.(MD)No.8415 of 2020

4. I make it clear that I have not gone into the merits of the matter. The petitioner is at liberty to move the jurisdictional Court for return of the petition mentioned vehicle. After filing such a petition before the Jurisdictional Court, the same will be disposed of on merits and in accordance with law within a period of two weeks thereafter.

5. With the above observation, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2020 Sub Assistant Registrar(CS) Ls 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, Geology and Mining, Madurai District.

3.The Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Inspector of Police, Sedapatti Police Station, Madurai District.

+1 CC to SGP ( SR-13578[F] dated 04/08/2020 ) W.P.(MD)No.8415 of 2020 31.07.2020 KM (04.08.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2