Nagarajan v. The Asst Director Of Mines

1 W.P.(MD)No.9300 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9300 of 2020 Nagarajan ... Petitioner Vs.

1.The Assistant Director of Mines, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Nainarkovil Police Station, Ramanathapuram.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to release the tractor and tailor bearing Registration No.TN 65 R 5289 and TN 65 M 4263 to the petitioner within the time stipulated by this Court.

For Petitioner : Mr.R.Murali 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 illegal transportation of sand.

3. The learned Special Government Pleader points out that the the petition mentioned vehicle is involved in previous case of the same nature. Therefore, I am not inclined to exercise my discretion in writ jurisdiction. At the same time, the respondents cannot keep the vehicle in the station indefinitely. Therefore, the second respondent is directed to produce the vehicle before the Jurisdictional Court immediately and without any delay. The https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 W.P.(MD)No.9300 of 2020 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 (Records) // 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 Mines, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Nainarkovil Police Station, Ramanathapuram.

+1 CC to M/s.Special Govt.Pleader ( SR-14197[F] dated 17/08/2020 ) W.P.(MD)No.9300 of 2020 14.08.2020 rmi SDS (24.08.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/4