Madras High CourtWP(MD)/22262/2018dismissed

R.Selvaraj v. The Revenue Divisional Officer

2018-10-31Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD]Nos.22262 to 22264 of 2018 R.Selvaraj : Petitioner in W.P.[MD]No.22262/18 S.Ramesh : Petitioner in W.P.[MD]No.22263/18 S.Malathi : Petitioner in W.P.[MD]No.22264/18 Vs.

1.The Revenue Divisional Officer cum Executive Magistrate, Kulithalai, Karur District.

2.The Inspector of Police, Musiri Police Station, Karur District.

: Respondents in W.P.[MD]No.22262/18 1.The Revenue Divisional Officer cum Executive Magistrate, Devakottai, Sivagangai District.

2.The Inspector of Police, Ulagampatti Police Station, Sivagangai District.

: Respondents in W.P.[MD]No.22263/18 1.The Revenue Divisional Officer cum Executive Magistrate, Devakottai, Sivagangai District.

2.The Inspector of Police, Chettinad Police Station, Sivagangai District. : Respondents in W.P.[MD]No.22264/18 COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to release the petitioner's vehicle namely TIPPER LORRY bearing it's registration Nos.TN 57 AJ 3263, TN 48 AF 0660 and TN 45 BJ 7688, in W.P.[MD]Nos.22262 to 22264 of 2018, respectively, forthwith.

For Petitioner : Mr.M.Alagarsamy For Respondents : Mr.N.Shanmuga Selvam, Additional Government Pleader [In all Writ Petitions] https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER [Common Order of the Court was made by M.M.SUNDRESH,J.] These Writ Petitions are not maintainable in view of the earlier order passed by this Court in W.P.(MD) Nos.19936 of 2017 and 7595 of 2018, dated 29.10.2018, wherein it has been held that the power of seizure alone is available to the officials and confiscation and release of vehicle lies only with the Court, under Section 30-B of the Central Act.

2.The Writ Petitions stand dismissed, accordingly. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Revenue Divisional Officer cum Executive Magistrate, Kulithalai, Karur District.

2.The Inspector of Police, Musiri Police Station, Karur District.

3.The Revenue Divisional Officer cum Executive Magistrate, Devakottai, Sivagangai District.

4.The Inspector of Police, Ulagampatti Police Station, Sivagangai District.

5.The Inspector of Police, Chettinad Police Station, Sivagangai District.

+1CC to Mr.M.Alagarsamy, Advocate, SR.No.93590 COMMON ORDER MADE IN W.P.[MD]Nos.22262 to 22264 of 2018 31.10.2018 MR ES/SKN/RSK/SAR 3/11.12.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/