Nainar v. The Assistant Director

W.P.(MD)No.12447 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12447 of 2020 Nainar ... Petitioner Vs.

1. The Assistant Director, Geology and Mines, Tirunelveli District.

2. The Sub-Collector, Cheranmahadevi, Tirunelveli District.

3. The Inspector of Police, Moolakaraipatti police station, Tirunelveli District.

... Respondents Prayer:

Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents and their subordinates to release the Tractor and its trailer bearing registration No.TN 72-D-7989 seized on 15.09.2020 by the third respondent which is now under his custody to the petitioner.

For Petitioner : Mr.D.Venkatesh For Respondents : Mr.P.Mahendran, Additional Government Pleader.

O R D E R

Heard the learned counsel on either side. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

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

3. The learned Additional Government Pleader states that in this case, First Information Report has been registered in Crime No.208 of 2020 on the file of the third respondent and the vehicle has also been produced before the jurisdictional criminal Court.

4. 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 jurisdictional Court. As and when the petition is filed, the same https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.12447 of 2020 will be disposed on merits and in accordance with law by the jurisdictional Court within a period of two weeks thereafter. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu 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 Mines, Tirunelveli District.

2. The Sub-Collector, Cheranmahadevi, Tirunelveli District.

3. The Inspector of Police, Moolakaraipatti police station, Tirunelveli District.

+1 CC to SGP ( SR-17973[F] dated 24/09/2020 ) W.P.(MD)No.12447 of 2020 23.09.2020 SCR(CO) KM (29.09.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2