Kalungadiyan v. The Revenue Divisional Officer

W.P.(MD)No.8446 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.8446 of 2020 Kalungadiyan ... Petitioner Vs 1.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

2.The Assistant Director, Mines and Minerals Department, Ramanathapuram District.

3.The Inspector of Police, Ramanathapuram Bazaar Police Station, Ramanathapuram District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the Respondents to release the petitioner's Tractor (TAFE) bearing Registration No.TN65-F-5053 Engine No.333719716 Chassis No.347062 along with Trailer bearing Registration No.TN-65-F-5013 Chassis No.ANBU/155/2006, seized by the third Respondent Police, by considering the Petitioner's representation dated 24.7.2020 within a time stipulated by this Court.

For Petitioner : Mr.T.Veerakumar For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

Heard the learned counsel on either side.

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

3. The learned Government Counsel points out that the petition mentioned vehicle is involved in a similar case.

4. Since the petition mentioned vehicle involved in a previous case of the same in nature, I am therefore not inclined to 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.8446 of 2020

5. 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 and the same will be disposed of on merits and in accordance with law within a period of three weeks thereafter.

6. 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 Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

2.The Assistant Director, Mines and Minerals Department, Ramanathapuram District.

3.The Inspector of Police, Ramanathapuram Bazaar Police Station, Ramanathapuram District.

W.P.(MD)No.8446 of 2020 31.07.2020 AP(04/08/2020) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2