Shebhaga Moorthy.C v. The Inspector Of Police

W.P.[MD]No.9969 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.[MD]No.9969 of 2021 C.Shenbhaga Moorthy ... Petitioner Vs.

1.The Inspector of Police, Alwarthirunagari Police Station, Alwarthirunagari, Srivaikundam Taluk, Thoothukudi District.

2.The Assistant Director, Office of the Geography and Mines Department, Thoothukudi, Thoothukudi District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to release the petitioner's vehicle ie., Taurus Lorry bearing Registration No.TN 31 BE 1352 within the time stipulated by this Court.

For Petitioner : Mr.R.M.Suresh For Respondents : Mr.A.K.Manickam for Government Standing Counsel

O R D E R

************ [Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner, who is claiming to be the owner of the vehicle, seeks release of the same by filing the writ petition in pursuant to his representation made on 02.06.2021.

2.We have already held that remedy open to the petitioner is to approach the jurisdictional designated Court and not to invoke the extraordinary jurisdiction of this Court. This is also for the reason that power of confiscation is available to the designated Court. Though an FIR has been registered, the offence involved would include Section 21(1) of the Mines and Minerals Act. Such a situation has already been taken note of by way of a clarification by us indicating the procedure to be followed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.9969 of 2021 3.Accordingly, the present writ petition stands closed giving liberty to the petitioner to work out his remedy in the manner known to law in tune with the order of the Division Bench. If any application is made by the petitioner, the same would be disposed of within two [2] weeks from the date of receipt of such application. However, there shall be no order as to costs. Sd/- Assistant Registrar (Records) // True Copy // / /2021 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.

TM/PS To 1.The Inspector of Police, Alwarthirunagari Police Station, Alwarthirunagari, Srivaikundam Taluk, Thoothukudi District.

2.The Assistant Director, Office of the Geography and Mines Department, Thoothukudi, Thoothukudi District.

ORDER MADE IN W.P.[MD]No.9969 of 2021 10.06.2021 GS (18.06.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2