Sakthivel v. The Revenue Divisional Officer

W.P(MD)No.10178 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.[MD]No.10178 of 2022 Sakthivel ... Petitioner Vs.

1.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli.

2.The Sub-Inspector of Police, Perumalpuram Police Station, Tirunelveli District.

3.The Assistant Director, Department of Geology and Mines, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to release the petitioner's JCB vehicle bearing Registration No.TN-29-AK-6972 seized on 28.04.2022 by the second respondent.

For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Ms.D.Farjana Ghoushia Special Government Pleader

O R D E R

[Order of the Court was made by ABDUL QUDDHOSE, J.] The petitioner, who is claiming to be the owner of the vehicle, seeks release of the same by filing the present writ petition. 2.This Court had already held that the remedy open to the petitioner is to approach the jurisdictional designated Court and not to invoke the extraordinary jurisdiction of this Court. This is also for the reason that the power of confiscation is available to the designated Court. Though an FIR has been registered, the offence involved would include Section 21(1) of the Mines and https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.10178 of 2022 Minerals [Development and Regulation] Act. Such a situation had already been taken note of by way of a clarification by this Court 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 four [4] weeks from the date of receipt of such an application. However, there shall be no order as to costs. Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli.

2.The Sub-Inspector of Police, Perumalpuram Police Station, Tirunelveli District.

3.The Assistant Director, Department of Geology and Mines, Tirunelveli District.

+1 CC to M/s.SPL.GP ( SR-23813[F] dated 19/05/2022 ) ORDER MADE IN W.P[MD]No.10178 of 2022 18.05.2022 SS/26.05.2022 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2