Ramesh v. The Assitant Director

WP(MD). No.12049 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Monday, the Twenty Eighth day of September Two Thousand Twenty PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN WP(MD). No.12049 of 2020 Ramesh ... Petitioner Vs 1 The Assistant Director, Geology and Mines, Dindigul District.

2 The Revenue Divisional Officer, Palani, Dindigul District.

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

... Respondent/Respondent/Complainant Prayer :- Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents and their subordinates to release the JCB bearing registration No. TN-57-U-4456 seized on 04.09.2020 by the 3rd respondent and which is now under his custody, to the petitioner. ORDER:- This Writ Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the earlier order of this court made on 18.09.2020 and upon hearing the arguments of Mr.D.Venkatesh, Advocate for the Petitioner and of Mr. P. Mahendran, Additional Government Pleader for the respondents, this Court made the following order: This writ petition has been listed under the caption "For Being Mentioned."

2.The petition mentioned vehicle was seized by the respondents on 04.09.2020. The writ petition was filed on 15.09.2020, for obtaining release of the vehicle. The writ petition came up for disposal on 18.09.2020. On the said date, the writ petition is allowed by putting the petitioner on terms. The petitioner has complied with the terms also. But the vehicle could not be released, because, in the meanwhile, the vehicle came to be produced before the Judicial Magistrate, Ottanchatiram and RPR Number has also been assigned for this vehicle.

3. Inasmuch as the order directing release was passed before the vehicle was produced before the Jurisdictional Magistrate and since the petitioner has also complied with the terms imposed by this Court, I direct the learned Judicial Magistrate, Ottanchatiram, https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD). No.12049 of 2020 to permit the petitioner to take the vehicle in terms of the order already passed.

3.Registry will issue the supplementary order today itself. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) 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 Judicial Magistrate, Ottanchatiram, Dindigul District.

2.Do-Through The Chief Judicial Magistrate, Dindigul District.

3. The Assistant Director Geology and Mines Dindigul District.

4. The Revenue Divisional Officer, Palani, Dindigul District.

5. The Inspector of Police, Kallimandayam Police Station, Dindigul District.

6. The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 28/09/2020 ==========================

ORDER

========================== WP(MD). No.12049 of 2020 Giving direction and etc.

as stated within.

SDS (28.09.2020) 2P-8C https://hcservices.ecourts.gov.in/hcservices/ 2/2