Muthumariyappan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI Muthumariyappan : Petitioner Vs.

1.The Revenue Divisional Officer, Thirumangalam, Madurai District, Madurai.

2.The Assistant Director, Geology and Mining, Collectorate, 3.The Inspector of Police, Koodakovil Police Station, Crime No.54 of 2021 : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus directing the respondents to release the petitioner's Tipper Lorry bearing registration No.TN 72 BR 3759, which was seized by the third respondent on 14.05.2021.

For Petitioner : Mr.S.Sivaprakash For Respondents : Mr.R.Baskaran Standing Counsel for Government

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 14.05.2021. 2.We have already held that remedy open to the petitioner is to approach the jurisdictional designated Court and not to 1/3

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 First Information Report has been registered, the offence involved would include Sections 379 of the Indian Penal Code and 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957. Such a situation has already been taken note of by way of a clarification by us indicating the procedure to be followed. Thus, 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.

In the event of filing a petition before the jurisdictional designated Court, the said Court is expected to dispose of the same, on merits and in accordance with law, within a period of two weeks from the date of receipt of such an application. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) RM 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, Thirumangalam, Madurai District, Madurai.

2.The Assistant Director, Geology and Mining, Collectorate, 2/3

3.The Inspector of Police, Koodakovil Police Station, +1 CC to SPL GP ( SR-19351[F] dated 15/06/2021 ) ORDER MADE IN 14.06.2021 KM(21.06.2021) 3P 5C 3/3