Pulidurai v. The Revenue Divisional Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Pulidurai ... Petitioner Vs.

1. The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi, Tenkasi District.

2. The Assistant Director, Mines and Minerals Department, Tenkasi District.

3. The Inspector of Police, Vasudevanallur police station, Tenkasi 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 Tractor vehicle bearing Registration No.TN 60-D-8610 which was seized by the third respondent on 25.04.2020 in pursuant to the registration of Crime No.143 of 2020 on the file of the third respondent forthwith by considering the representation dated 17.08.2020. For Petitioner : Mr.Ramesh For Respondents : Mr.P.Mahendran, Additional Government Pleader.

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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.

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2. The petitioner seeks release of the petition mentioned vehicle.

It was seized in connection with the illegal transportation of sand.

3. The learned Additional Government Pleader pointed out that the petitioner is having one previous case of the similar nature. The petition mentioned vehicle is also involved in a previous case of the similar nature.

4. Therefore, I am not inclined to grant relief. At the same time, the respondents cannot keep the vehicle in the station indefinitely. 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 two weeks from the date of receipt of the petition.

5. 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 (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu 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 Principal District and Sessions Judge, Tirunelveli.

2. The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi, Tenkasi District.

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3. The Assistant Director, Mines and Minerals Department, Tenkasi District.

4. The Inspector of Police, Vasudevanallur Police Station, Tenkasi District.

+1 CC to the SPL GP ( SR-15129[F] dated 27/08/2020 ) +1 CC to Mr.M.RAMESH, Advocate ( SR-15155[F] dated 27/08/2020 ) 26.08.2020 CS(03.09.2020) 3P 7C 3/3