Madras High CourtWP(MD)/11267/2021dismissed

Milan v. The Additional Superintendent Of Police

2021-07-07Honourable Mrs Justice J. Nisha Banu2 pages

W.P(MD)No.11267 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.11267 of 2021 Milan ... Petitioner Vs.

1.The Additional Superintendent of Police, (Prohibition Enforcement Wing), Thanjavur, Thanjavur District.

2.The Inspector of Police, Prohibition Enforcement Wing Police Station, Kumbakonam, Thanjavur District.

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the 1 and 2 respondents herein to forthwith to release the petitioner's Maruti Swift Dzire, bearing Registration No.TN-68-AA-0003 from their custody, on the basis of his representation, dated 24.06.2021. For Petitioner : Mr.C.Susi Kumar For Respondents : Mr.P.Thilak Kumar Govt.Advocate

O R D E R

This Writ Petition has been filed praying for issuance of a Writ of Mandamus, to direct the 1 and 2 respondents herein to forthwith to release the petitioner's Maruti Swift Dzire, bearing Registration No.TN-68-AA-0003 from their custody, on the basis of his representation, dated 24.06.2021.

2. Heard the learned counsels appearing on either side.

3. When the matter is taken up for hearing, the learned Government Advocate appearing for the respondents would submit that the order of confiscation of the vehicle in question had already been passed on 26.06.2021 and therefore, the question of granting interim custody of the vehicle does not arise. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.11267 of 2021

4. Recording the submissions made by the learned Government Advocate, this Writ Petition is dismissed. The petitioner is at liberty to challenge the confiscation order, in the manner known to law. No costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) MPK Note:(i) 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 Additional Superintendent of Police, (Prohibition Enforcement Wing), Thanjavur, Thanjavur District.

2.The Inspector of Police, Prohibition Enforcement Wing Police Station, Kumbakonam, Thanjavur District.

+1 CC to M/s.SPL GP ( SR-21696[F] dated 08/07/2021 ) W.P(MD)No.11267 of 2021 07.07.2021 CM(CO) LR (15.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2