Shanmugaraja v. The Dist Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI Shanmugaraja ... Petitioner Vs.

1.The District Collector, Collector Office, Sivagangai District - 630 562.

2.The Revenue Divisional Officer, RDO Office, Sivagangai District - 630 561.

3.The Tahsildar, Tahsildar Office, Manamadurai - 630 606.

4.The Assistant Director, Geology and Mining, Collector Office, Sivagangai District - 630 562.

5.The Inspector of Police, Manamadurai Police Station, Sivagangai District - 630 606.

... 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 Lorry bearing Registration No.TN 60 R 1306 from the custody of the fifth respondent on the basis of the petitioner's representation dated 13.07.2021, within a stipulated time may be fixed by this Court.

For Petitioner : Mr.R.Senthilkumar 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.] With the consent on either side, the Writ Petition itself is taken up for final disposal.

2.Heard Mr.R.Senthil Kumar, learned Counsel appearing for the petitioner and Mr.A.K.Manickam, learned Standing Counsel for 1/3

Government appearing for the respondents.

3.This Writ Petition has been filed praying for a Writ of Mandamus, directing the respondents to release the petitioner's Lorry bearing Registration No.TN 60 R 1306 from the custody of the fifth respondent on the basis of the petitioner's representation dated 13.07.2021.

4.The learned Government Counsel appearing for the respondents submitted that in terms of the judgment of the Hon'ble Division Bench in the case of Muthu Vs. District Collector and others in W.P. [MD]No.19936 of 2018 dated 29.10.2018, the petitioner should move the Special Court for release of the vehicle which has been detained by the respondent police.

5.The learned Counsel appearing for the petitioner pointed out that no private complaint has been filed by the competent person under Section 22 of the Mines and Minerals Act, 1957, for the offence under Section 21(1) of the Act and the respondents have failed to follow the directions issued in the case of Muthu Vs. District Collector and others in W.P.[MD]No.19936 of 2018 dated 29.10.2018, within 7 days of the seizure of the vehicle. Therefore, the matter will not come within the purview of the Special Court. 6.From a perusal of the FIR in Crime No.310 of 2021, on the file of the Manamadurai Police Station, we find that the offence registered is only under Section 379, IPC.

7.In the light of the above, we direct the fifth respondent police to produce the vehicle before the Judicial Magistrate, Manamadurai, within three [3] days from the date of receipt of a copy of this order and we give liberty to the petitioner to file an application before the learned Judicial Magistrate, Manamadurai, for release of the vehicle and if such petition is filed, the learned Judicial Magistrate shall consider the same and pass appropriate orders in accordance with law.

8.With the above direction, the Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) MR 2/3

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may beutilized 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, Manamadurai, 2.The District Collector, Collector Office, Sivagangai District - 630 562.

3.The Revenue Divisional Officer, RDO Office, Sivagangai District - 630 561.

4.The Tahsildar, Tahsildar Office, Manamadurai - 630 606.

5.The Assistant Director, Geology and Mining, Collector Office, Sivagangai District - 630 562.

6.The Inspector of Police, Manamadurai Police Station, Sivagangai District - 630 606.

+1 CC to M/s.GP ( SR-23718[F] dated 23/07/2021 ) ORDER MADE IN 22.07.2021 RKN (29.07.2021) 3P 8C 3/3