Alex v. The Revenue Divisional Officer

W.P.[MD]No.10917 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.[MD]No.10917 of 2021 Alex ... Petitioner Vs.

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

2.The Inspector of Police, Viruveedu Police Station, Dindigul District.

(Crime No.792 of 2020) 3.The Assistant Director of Geology and Mining, Dindigul, Dindigul District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to release the petitioner's vehicle namely Tractor bearing registration No.TN-57-BX-3736 and its unregistrered Trailer from the custody of the 2nd respondent's police and to hand over the above vehicle to the petitioner, by considering the petitioner's representation, dated 28.06.2021 within the time limit that may be stipulated by this Hon'ble High Court.

For Petitioner : Mr.A.Karthick Kumar For Respondents : Mr.A.K.Manickam Standing Counsel for Government

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner, who is claiming to be the owner of the vehicle, seeks release of the same by filing the writ petition in pursuant to his representation made on 28.06.2021.

2.We have already held that 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 power of confiscation is available to the designated Court. Though an FIR has been registered, the offence involved https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.10917 of 2021 would include Sections 379 IPC and 21(1) of the Mines and Minerals Act. Such a situation has already been taken note of by way of a clarification by us indicating the procedure to be followed. 3.Accordingly, 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. If any application is made by the petitioner, the same would be disposed of within two [2] weeks from the date of receipt of such application. However, there shall be no order as to costs. Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) MR 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, Dindigul, Dindigul District.

2.The Inspector of Police, Viruveedu Police Station, Dindigul District.

3.The Assistant Director of Geology and Mining, Dindigul, Dindigul District.

+1 CC to M/s.A.KARTHIK KUMAR, Advocate ( SR-21080[F] dated 02/07/2021 ) +1 CC to M/s.SPL GP ( SR-21224[F] dated 05/07/2021 ) W.P.[MD]No.10917 of 2021 01.07.2021 KB(07.07.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2