Manickam @ Manickavasagam v. The Revenue Divisional Officer
W.P.[MD]No.12719 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.[MD]No.12719 of 2021 Manickam @ Manickavasagam ... Petitioner Vs.
1. The Revenue Divisional Officer, Revenue Divisional Office, Pattukottai, Thanjavur District.
2. The Inspector of Police, Peravurani Police Station, Thanjavur District.
3. The Assistant Director, Tamil Nadu Mines and Minerals, Thanjavur District.
... 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 Tractor & Trailer bearing Registration No.TN-49-CX-9405 pertaining to the case in Cr.No.612 of 2021 on the file of the second respondent herein and return the vehicle to the petitioner based on his representation dated 19.07.2021. For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.A.K.Manikkam Standing Counsel for Government
O R D E R
************ [Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner, who is claiming to be the owner of the vehicle, seeks release of the same by filing the writ petition in pursuant to his representation made on 19.07.2021.
2.We have already held that remedy open to the petitioner is to approach the jurisdictional designated Court and not to invoke the extraordinary jurisdiction of this Court. This is also for the reason that power of confiscation is available to the designated https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.[MD]No.12719 of 2021 Court. Though an FIR has been registered, the offence involved would include Sections 379 & 430 IPC and 21(1) of the Mines and Minerals Act. Such a situation has already been taken note of by way of a clarification by us indicating the procedure to be followed.
3.Accordingly, the present writ petition stands closed giving liberty to the petitioner to work out his remedy in the manner known to law in tune with the order of the Division Bench. If any application is made by the petitioner, the same would be disposed of within two [2] weeks from the date of receipt of such application. However, there shall be no order as to costs. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) MR 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, Revenue Divisional Office, Pattukottai, Thanjavur District.
2. The Inspector of Police, Peravurani Police Station, Thanjavur District.
3. The Assistant Director, Tamil Nadu Mines and Minerals, Thanjavur District.
+1 CC to M/s.SPL GP (SR-24372[F] dated 29/07/2021) W.P.[MD]No.12719 of 2021 28.07.2021 RC (04.08.2021) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2