S.Asaithambi, v. The Sub Collector,

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]No.22279 of 2018 S.Asaithambi : Petitioner Vs.

1.The Sub Collector, Devakottai, Sivagangai District.

2.The Tahsildar, Devakottai Taluk, Sivagangai District.

3.The Inspector of Police, Devakottai Town Police Station, Sivagangai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent herein to release the Tractor bearing Registration No.TN 63-U-7539 and Trailer bearing Registration No.TN 63 U-7540 seized by the third respondent on 25.09.2018 to the petitioner by considering the representation of the petitioner dated 23.10.2018. For Petitioner : Mr.J.Anandkumar For Respondents : Mr.N.Shanmugaselvam Additional Government Pleader

ORDER

[Order of the Court was made by M.M.SUNDRESH,J.] The Writ Petition is 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 Petition stands dismissed, accordingly. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-II)

To 1.The Sub Collector, Devakottai, Sivagangai District.

2.The Tahsildar, Devakottai Taluk, Sivagangai District.

3.The Inspector of Police, Devakottai Town Police Station, Sivagangai District.

+1CC to Mr.J.Anandkumar, Advocate, SR.No. 93432 +1CC to the Special Government Pleader SR.No.93846 W.P.[MD]No.22279 of 2018 31.10.2018 MR ES/SV/SAR 2/28.11.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/