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Madras High CourtWP(MD)/8768/2020allowed

Pandi v. The Revenue Divisional Officer

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

W.P.(MD)No.8768 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.8768 of 2020 Pandi ... Petitioner Vs.

1.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

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

3.The Inspector of Police, Parthibanoor Police Station, Ramanathapuram 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 petitioner's vehicle i.e., Tipper Lorry bearing Registration No.TN 33 Z 2362, seized by the third respondent on 30.08.2019 on the basis of the petitioner's representation dated 15.09.2019.

For Petitioner : Mr.G.Vishnuram For Respondents : Mrs.S.Srimathy Special Government Pleader

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. The learned Special Government Pleader points out that the petitioner is having four previous cases of the same nature. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.8768 of 2020 Therefore, I am not inclined to show indulgence. At the same time, the respondents cannot keep the vehicle in the station indefinitely. Therefore, the third respondent is directed to produce the vehicle before the Jurisdictional Court immediately and without any delay. The petitioner is at liberty to file a petition before the Jurisdictional Court for release of the vehicle. 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.

4. With this direction to the Jurisdictional Court, this Writ Petition stands dismissed. I make it clear that I have not gone into the merits of the matter. No costs.

Sd/- Assistant Registrar (AS) // 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 Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

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

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

W.P.(MD)No.8768 of 2020 05.08.2020 tsg SDS (18.08.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2