Alagarsamy .P v. State Of Tamil Nadu By Its

W.P.[MD]No.10239 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.05.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.[MD]No.10239 of 2022 P.Alagarsamy ... Petitioner Vs.

1.The Assistant Director Geology and Mining, State of Tamil Nadu, Collectorate, Dindigul - 624 004.

2.The Revenue Divisional Officer, Dindigul District, Dindigul.

3.Inspector of Police, Dindigul Taluk Police Station, Dindigul 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 Tipper lorry bearing registration No.TN-57-AD-9119 seized on 26.05.2021 within the time stipulated by this Court.

For Petitioner : Mr.N.Rajendran 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.10239 of 2022 offence involved would include Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957. 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.

3. 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/- Vacation Officer/ Assistant Registrar // True Copy // / /2022 Sub Assistant Registrar(CS) pkn To 1.The Assistant Director Geology and Mining, State of Tamil Nadu, Collectorate, Dindigul - 624 004.

2.The Revenue Divisional Officer, Dindigul District, Dindigul.

3.Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

+1 CC to M/s.SPL.GP ( SR-23923[F] dated 20/05/2022 ) W.P[MD]No.10239 of 2022 19.05.2022 RK(02/06/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2