Madras High CourtWP(MD)/13084/2020dismissed

G. Thirupathi v. The Revenue Divisional Officer

2020-09-30Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN G.Thirupathi ... Petitioner Vs.

1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sattur, 2.The Assistant Director, Department of Geology and Mines, Virudhunagar, 3.The Tahsildar, Vembakottai Taluk, 4.The Inspector of Police, Keelrajakularaman Police Station, (Crime No.158/2017) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to release the vehicle 1035D1 Massey Ferguson Tractor bearing Registration No.TN 49 E 3349 along with Trailer bearing Registration No.TN 67 M 3980 seized by the fourth respondent on the basis of the representation dated 23.09.2020.

For Petitioner : Mr.D.Rajaboopathy For Respondents: Mr.M.Rajarajan Additional Government Pleader

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 in connection with illegal transportation of sand.

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3. The learned Additional Government Pleader points out that the the petitioner is having as many as four previous cases of the same nature. Therefore, I am not inclined to exercise my discretion in writ jurisdiction. At the same time, the respondents cannot keep the vehicle in the station indefinitely. Therefore, the respondents are directed to produce the vehicle before the Jurisdictional Court immediately and without any delay. The petitioner is at liberty to file a petition before the Jurisdictional Court for release of the vehicle. The Jurisdictional Court is directed to dispose of the said petition to be filed by the petitioner within a period of ten days from the date of receipt of the petition.

4. With this direction to the Jurisdictional Court, this Writ Petition stands dismissed. I make it clear that I have not gone into the merits of the matter. No costs.

Sd/- Assistant Registrar (AE) // 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, Office of the Revenue Divisional Officer, Sattur, 2.The Assistant Director, Department of Geology and Mines, Virudhunagar, 3.The Tahsildar, Vembakottai Taluk, 2/3

4.The Inspector of Police, Keelrajakularaman Police Station, +1 CC to M/s.D. RAJABOOPATHY, Advocate ( SR-18451[F] dated 30/09/2020 ) +1 CC to M/s.GP ( SR-18779[F] dated 01/10/2020 ) 30.09.2020 SR(CO) NR (12.10.2020) 3P 7C 3/3