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Madras High CourtWP(MD)/9997/2020dismissed

Ponnusamy v. The Revenue Divisional Officer

2020-08-25Honourable Mr Justice G.R.Swaminathan2 pages

1 W.P.(MD)NO.9997 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9997 of 2020 Ponnusamy ... Petitioner Vs.

1.The Revenue Divisional Officer, Kulithalai, Karur District.

2.The Tahsildar, Kadavur Taluk, Tharakampatti, Karur District.

3.The Inspector of Police, Palaviduthi Police Station, Karur District.

(Crime No.253 of 2020) 4.The Assistant Director of Geology and Mining, Karur, Karur District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to release the petitioner's vehicle of Tractor TN 47 BZ 5110 from his custody and to hand over the above vehicle to the petitioner by considering the petitioner's representation dated 11.08.2020 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.Loganathan For Respondents : Mr.M.Rajarajan Government Advocate

O R D E R

Heard the learned counsel on either side. By consent of both parties, this 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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 W.P.(MD)NO.9997 OF 2020 3.Today, when the matter was taken up for hearing, the learned Government Advocate submitted that the vehicle in question has been produced before the Jurisdictional Court. Therefore, the petitioner has to necessarily move the Jurisdictional Court. 4.The petitioner's counsel states that he will file a petition for return of vehicle immediately before the Jurisdictional Court. 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. With this direction to the Jurisdictional Court, this Writ Petition stands dismissed. The petitioner's rights are left open. 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) tsg 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, Kulithalai, Karur District.

2.The Tahsildar, Kadavur Taluk, Tharakampatti, Karur District. 3.The Inspector of Police, Palaviduthi Police Station, Karur District.

4.The Assistant Director of Geology and Mining, Karur, Karur District.

+1 CC to M/s.GP ( SR-15095[F] dated 27/08/2020 ) W.P.(MD)No.9997 of 2020 25.08.2020 SCR(CO) TR(27.08.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2