Karthikeyan v. The Asst. Director

W.P.(MD)No.9843 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9843 of 2020 Karthikeyan ... Petitioner Vs.

1.The Assistant Director, Geology and Mines Department, Trichy District.

2.The Sub-Collector cum Revenue Divisional Officer, Trichy, Trichy District.

3.The Inspector of Police, Manikandam police station, Trichy District.

... 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 petitioner's vehicle of Tipper lorry, bearing registration No.TN 45-W-5477 from the custody of the third respondent's police and to hand over the above vehicle to the petitioner, by considering the petitioner's representation dated 14.08.2020 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.C.Susikumar For Respondents : Mr.S.Angappan, Government Advocate.

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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 the illegal transportation of sand.

3. The learned Government Advocate points out that the petitioner is having one previous case of the same nature. Therefore, I am not inclined to show indulgence. At the same time, the respondents cannot keep the vehicle in the station indefinitely. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.9843 of 2020 Therefore, the third respondent is directed to produce the vehicle before the Jurisdictional Court immediately without any delay. The 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 (CRL SIDE) // 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, Geology and Mines Department, Trichy District.

2.The Sub-Collector cum Revenue Divisional Officer, Trichy, Trichy District.

3.The Inspector of Police, Manikandam police station, Trichy District.

+1 CC to M/s.GP ( SR-14888[F] dated 25/08/2020 ) W.P.(MD)No.9843 of 2020 24.08.2020 pmu TK/SAR. /27.08.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2