M.Vijayakanth v. The Assistant Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Vijayakanth ... Petitioner Vs.

1.The Assistant Director Mines and Minerals Department Ramanathapuram District 2.The Sub Collector Cum Revenue Divisional Officer Revenue Divisional Office Paramakudi Ramanathapuram District 3.The Tahsildar Kamuthi Ramanathapuram District 4.The Inspector of Police Abiramam 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 2 to 4 herein to forth with release the petitioner's tipper lorry bearing Registration No.TN-21-J-4332 from their custody on the basis of petitioner's representation dated 31.07.2020. For Petitioner : Mr.C.Susi Kumar For Respondents : Mr.C.Ramar Additional Government Pleader

O R D E R

Heard the learned counsel on either side.

2. The petitioner seeks relief of the petition mentioned vehicle. It was seized in connection with illegal transportation of sand.

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3.The learned Additional Government Pleader draws my attention to the fact that the vehicle was involved in one previous case. Therefore, I am not inclined to exercise my discretion in the writ jurisdiction. However, the respondents cannot retain the vehicle in their custody. The respondents are directed to produce the vehicle in question before the jurisdictional Court without any delay.

4. The petitioner is at liberty to move the Jurisdictional Court for return of vehicle. On such application being filed, the jurisdictional Court is directed to dispose of the same on merits and in accordance with law within a period of 10 days thereafter. I make it clear that I have not gone into the merits of the matter. 5.Giving this liberty and direction, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) Msa 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 Mines and Minerals Department Ramanathapuram District

2. The Sub Collector Cum Revenue Divisional Officer Revenue Divisional Office Paramakudi Ramanathapuram District

3. The Tahsildar, Kamuthi, Ramanathapuram District 2/3

4. The Inspector of Police Abiramam Police Station Ramanathapuram District.

+1 CC to The Special GP (SR-14174[F] dated 17/08/2020) 14.08.2020 CS (21.08.2020) 3P 6C 3/3