Nandhagopal v. The Assistant Director

WP(MD)No.8503 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.8503 of 2020 Nandhagopal ... Petitioner Vs.

1.The Assistant Director, Geology and Mining, Dindigul District.

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Inspector of Police, Thadikombu Police Station, Dindigul District.

... Respondents Prayer:

Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to release the Tipper Lorry bearing Registration No.TN 81 B 6350 seized in connection with Crime No.835 of 2020 on the file of the third respondent based on the petitioner's representation dated 24.07.2020.

For Petitioner : Mr.G.Sivaraja 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. When the matter was taken up for hearing, the learned Government Advocate pointed out that the vehicle in question has not been produced before the court below. The petition mentioned vehicle is involved in a previous case of the same nature. 3.Therefore, I am not inclined to exercise my indulgence in favour of the petitioner. The third respondent however cannot keep the vehicle in question in the station custody. The third respondent is directed to produce the vehicle before the jurisdictional court forthwith and without any further delay. The petitioner is at liberty to move the jurisdictional court. On filing of application for interim custody by the petitioner, the jurisdictional court shall dispose it of on merits and in accordance with law within a period of ten days thereafter. https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD)No.8503 of 2020 4.With this direction to the third respondent as well as the jurisdictional court, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2020 Sub Assistant Registrar(CS) skm 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, Dindigul District.

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Inspector of Police, Thadikombu Police Station, Dindigul District.

WP(MD)No.8503 of 2020 03.08.2020 KM (04.08.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2