Mudhraa Tractor Finance v. The Assistant Director

W.P.(MD)No.11108 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11108 of 2020 Mudhraa Tractor Finance, Rep., by its Managing Director, Palanivel, No.W28/24E, Grama Savadi Street, Cumbum - 625 516, Theni District.

... Petitioner Vs.

1. The Assistant Director, Geology and Mining Department, Dindigul, Dindigul District.

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

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

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to release the petitioner's vehicle namely., Tractor bearing Registration No.TN20 AC 7727 and Trailer bearing Registration No.TN60 Y 0585 seized on 27.09.2019 by the 3rd respondent herein pertaining to the case in Crime No.413 of 2019 within the period that may be stipulated by this Court.

For Petitioner : Mr.V.Karthik Raja 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 counsel for the petitioner states that the petitioner is not an accused but a financier. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.11108 of 2020 4.The learned Additional Government Pleader states that the vehicle has already been produced before the jurisdictional criminal Court. Therefore, the petitioner has to necessarily move the jurisdictional Court for return of vehicle. I make it clear that I have not gone into the merits of the matter. The writ petition is dismissed.

The petitioner is given liberty to move the jurisdictional Court.

Upon filing of such petition, the jurisdictional court shall dispose of the same within a period of ten days thereafter. No costs.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2020 Sub Assistant Registrar(CS) ias 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 Assistant Director, Geology and Mining Department, Dindigul, Dindigul District.

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

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

+1 CC to M/s.SPL GP ( SR-16405[F] dated 09/09/2020 ) W.P.(MD)No.11108 of 2020 08.09.2020 KB(15.09.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2