S.Thamodharan v. The Assistant Director Of Geology And Mining
WP(MD) No.8955 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Special Original Jurisdiction) Tuesday, the Sixth day of October Two Thousand and Twenty PRESENT:
The Hon'ble Mr.Justice G.R.SWAMINATHAN WP(MD) No.8955 of 2020 S.Thamodharan ... Petitioner.
Vs 1 The Assistant Director of Geology and Mining Kanyakumari District Nagercoil.
2 The Revenue Divisional Officer Nagercoil, Kanyakumari District.
3 The Inspector of Police Rajakkamangalam Police Station Kanyakumari District. ... Respondents. Prayer :- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ or direction or any other appropriate order in the nature of Writ of Mandamus directing the 2nd respondent to release the petitioner's Two Wheeler bearing Registration No.TN 74 AM 4626 seized by the 3rd respondent on 19.06.2020 to the petitioner.
ORDER:- This Petition coming upon for hearing on this day, and perusing the earlier Order of this Court dated 07/08/2020, and upon hearing the arguments of Mr.M.P.Senthil, Advocate for the Petitioner and of Mr.C.Ramar, Additional Government Pleader on behalf of the respondent(s), this Court made the following order: Heard the learned counsel on either side.
2.The petitioner had filed the writ petition for release of the vehicle. This Court, by order dated 07.08.2020, had allowed the writ petition and granted interim custody of the vehicle to the petitioner herein.
3.It appears that on the next day, the vehicle was produced before the jurisdictional Criminal Court and RPR number was assigned. The respondents are therefore unable to return the https://hcservices.ecourts.gov.in/hcservices/ 1/2
WP(MD) No.8955 of 2020 vehicle to the petitioner herein in view of the vehicle having been produced before the jurisdictional Court. It is not in dispute that before the vehicle was produced before the jurisdictional Criminal Court, the writ Court had granted relief.
4.Hence, I permit the petitioner to file a petition for release of the vehicle before the jurisdictional Criminal Court. The jurisdictional Criminal Court shall number the same immediately and allow the same also. Since the petitioner had already been put on terms by the Writ Court, the learned Jurisdictional Criminal Court need not impose any terms on the petitioner herein. Registry is directed to issue supplemental order copy.
Sd/- Assistant Registrar(CS-II) // 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 Assistant Director of Geology and Mining Kanyakumari District, Nagercoil.
2 The Revenue Divisional Officer Nagercoil, Kanyakumari District.
3 The Inspector of Police Rajakkamangalam Police Station Kanyakumari District.
ORDER DATED : 06/10/2020 ==========================
ORDER
========================== WP(MD). No.8955 of 2020 Giving direction and etc.
as stated within.
MA(CO) TR(07.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2