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Madras High CourtWP(MD)/12159/2020allowed

Marimuthu v. The Revenue Divisional Officer

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

W.P.(MD)No.12159 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.12159 of 2020 Marimuthu ... Petitioner Vs.

1.The Revenue Divisional Officer, Musiri, Trichy District.

2.The Assistant Director of Mines and Minerals, Trichy District, Trichy.

3.The Tahsildar, Musiri Taluk Office, Musiri, Trichy District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to release the petitioner's Ashok Leyland Dost LS bearing registration No.TN 45 BZ 5598 seized on 05.03.2019 and keeping under the custody of the third respondent by considering his representation dated 15.07.2020.

For Petitioner :

Mr.K.Arunraj For Respondents :

Mr.S.Angappan Government Advocate

O R D E R

Heard the learned counsel on either side.

2.The petitioner seeks release of the petition mentioned vehicle. It was seized by the revenue authority. Till date, no FIR has been filed. No proceedings under Mines and Minerals Act have been finalized as on date. Seizure had taken place way back in March 2019.

3.Therefore, I direct the respondents to return the vehicle to the petitioner immediately and without any delay. If the respondents initiate any legal action, it is always open to them to do so. This order granting interim custody to the petitioner will not come in the way.

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

W.P.(MD)No.12159 of 2020 4.The Writ Petition is allowed accordingly. There shall be no order as to 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 Revenue Divisional Officer, Musiri, Trichy District.

2.The Assistant Director of Mines and Minerals, Trichy District, Trichy.

3.The Tahsildar, Musiri Taluk Office, Musiri, Trichy District.

+1 CC to M/s.GP ( SR-17708[F] dated 22/09/2020 ) W.P.(MD)No.12159 of 2020 21.09.2020 SCR (CO) AP(28/09/2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2