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Madras High CourtWP(MD)/12194/2020allowed

Marimuthu v. The Assistant Director

2020-09-21Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.12194 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12194 of 2020 Marimuthu ... Petitioner Vs.

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

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

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

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to release the Mahindra Truck (Pick up) bearing Registration No.TN 75J3670 seized in connection with Crime No.1272 of 2020 on the file of the third respondent based on the petitioner's representation dated 04.09.2020.

For Petitioner :

Mr.G.Sivaraja For Respondents :

Mr.M.Rajarajan Additional Government Pleader

O R D E R

Heard the learned counsel on either side.

2.This writ petition has been filed seeking release of the petition mentioned vehicle.

3.The petitioner's counsel states that the vehicle had been hypothecated in favour of the financier and that the petitioner is not having the original R.C.Book.

4.The learned Additional Government Pleader states that the vehicle has already been produced before the jurisdictional criminal Court.

5.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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.12194 of 2020 jurisdictional Court.

Upon filing of such petition, the jurisdictional Court shall dispose of the same within a period of ten days thereafter. The Court below will entertain the petitioner's application, even though the original R.C.book is not with the petitioner. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi 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, Dindigul District.

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

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

+1 CC to M/s.GP ( SR-17699[F] dated 22/09/2020 ) W.P.(MD)No.12194 of 2020 21.09.2020 SCR (CO) AP(28/09/2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2