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Madras High CourtWP(MD)/8722/2020dismissed

Maikkil v. The Assistant Director

2020-08-05Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.8722 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8722 of 2020 Maikkil ... Petitioner Vs.

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

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

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

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to release the Tractor bearing Registration No.TN-65-AH9877 Swaraj 735 along with Trailer seized in connection with Crime No.225 of 2019, on the file of the third respondent based on the petitioner's representation dated 12.02.2020. For Petitioner : Mr.T.Palanisamy For Respondents : Mr.A.Muthukaruppan Government Advocate * * *

O R D E R

Heard the learned counsel on either side. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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

It was seized in connection with the illegal transportation of sand.

3. Today, when the matter was taken up for hearing, the learned Government Advocate submitted that in this case F.I.R. has been registered in Crime No.255 of 2019 and the vehicle in question has been produced before the Jurisdictional Court in R.P.R.No.47 of 2020 on 17.03.2020. Therefore, the petitioner has to necessarily move the Jurisdictional Court. He further submitted that the petitioner is having two previous cases of the same nature. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.8722 of 2020

4. The petitioner's counsel states that he will file a petition for return of vehicle immediately before the Jurisdictional Court. The Jurisdictional Court is directed to dispose of the said petition to be filed by the petitioner within a period of ten days from the date of receipt of the petition. With this direction to the Jurisdictional Court, this Writ Petition stands dismissed. The petitioner's rights are left open. I make it clear that I have not gone into the merits of the matter. No costs. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) Tsg 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.

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

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

W.P.(MD)No.8722 of 2020 05.08.2020 VB (06.08.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2