Sasikala v. The Revenue Divisional Officer

W.P.[MD]No.11352 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.[MD]No.11352 of 2021 Sasikala ... Petitioner Vs.

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

2.The Assistant Director of Geology and Mining, Collectorate, Dindigul District.

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

[Crime No.537/2021].

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to release the petitioner's Tractor and trailer bearing Registration Number TN 50 AZ 6721 which was seized by the third respondent on 30.06.2021 by considering the petitioner's representation dated 01.07.2021 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.S.Sivaprakash 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 01.07.2021.

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 would include Sections 379 IPC and 21(1) of the Mines and Minerals https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.11352 of 2021 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 (CS I) // 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 District, Dindigul.

2.The Assistant Director of Geology and Mining, Collectorate, Dindigul District.

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

ORDER MADE IN W.P.[MD]No.11352 of 2021 08.07.2021 MGJ(15.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2