Madras High CourtWP(MD)/10267/2020dismissed

K.Backiam v. The District Collector

2020-08-28Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.10267 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10267 of 2020 K.Backiam ... Petitioner Vs.

1.The District Collector, Office of the Collector Office, Sivagangai District.

2.The Inspector of Police, Taluk Police Station, Sivagangai District.

3.The Assistant Director, Tamilnadu Mines and Minerals, Collector Office, Sivagangai District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to release the Tipper lorry TN-77-D-2003, seized on 14.11.2019, which is under the custody of the 2nd respondent, by considering the petitioner's representation dated on 16.08.2020 within a time frame that may be stipulated by this Court. For Petitioner : Mr.A.Senthilkumar For Respondents : Mr.M.Rajarajan, Additional Government Pleader

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. This writ petition has been filed seeking release of the petition mentioned vehicle.

3. The learned Additional Government Pleader states that in this case, First Information Report has been registered in Crime No.236 of 2019 on the file of the second respondent and the vehicle has also been produced before the jurisdictional criminal Court in RPR No.10/2020.

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W.P.(MD)No.10267 of 2020

4. Therefore, the petitioner has to necessarily move the jurisdictional criminal Court for release of the vehicle. On such application filed by the petitioner, it shall be disposed of within a period of ten days thereafter. Giving such liberty to the petitioner, this writ petition stands dismissed. No costs. I have not gone into the merits of the matter.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) dss/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 District Collector, Office of the Collector Office, Sivagangai District.

2.The Inspector of Police, Taluk Police Station, Sivagangai District.

3.The Assistant Director, Tamilnadu Mines and Minerals, Collector Office, Sivagangai District.

+1 CC to M/s.GP ( SR-15525[F] dated 01/09/2020 ) W.P.(MD)No.10267 of 2020 28.08.2020 al(CO) TR(03.09.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2