Subash v. The Assistant Director,
W.P.(MD)No.13473 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.13473 of 2020 Subash ... Petitioner Vs.
1.The Assistant Director, Geology and Mining, Madurai District.
2.The Revenue Divisional Officer, Usilampatti, Madurai District.
3.The Inspector of Police, Saptur Police Station, Madurai District.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to release the TAFE tractor bearing Registration No. TN 34 D 7853 along with trailer seized in connection with Crime No.204 of 2019 on the file of the third respondent, based on the petitioner's representation dated 14.02.2020.
For Petitioner : Mr.T.Palanisamy 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 the vehicle has already been produced before the jurisdictional criminal Court. 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 will be disposed on merits and in accordance with law by the jurisdictional Court within a period of ten days thereafter. The https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.13473 of 2020 petitioner's counsel states that the petitioner had purchased the vehicle from the previous owner. But his name is yet to be entered in the R.C. Book. The original R.C. Book is said to be with the financier.
The Court below shall number the petitioner's application even though his name is not figuring in the R.C. Book and decide the matter as per law. No costs.
Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) sji 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 Mining, Madurai District.
2.The Revenue Divisional Officer, Usilampatti, Madurai District.
3.The Inspector of Police, Saptur Police Station, Madurai District.
+1 CC to M/s.GP ( SR-19114[F] dated 05/10/2020 ) W.P.(MD)No.13473 of 2020 01.10.2020 SS(CO) KK(14.10.2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2