Muthuraj v. The Revenue Divisional Officer
W.P.(MD)No.14118 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.14118 of 2021 Muthuraj ...
Petitioner Vs.
1.The Revenue Divisional Officer, Dindigul District, Dindigul.
2.The Assistant Director, Geology and mining, Collectorate, Dindigul District.
3.The Inspector of Police, Batlagundu Police Station, Dindigul District.
Crime No.640 of 2021.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus directing the respondents to release the petitioner's Tractor and Trailer bearing Registration Number TN-57-AY-7696, which was seized by the third respondent on 28.05.2021, by considering the petitioner's representation, dated 04.08.2021, within the time limit that may be stipulated by this Court.
For Petitioner : Mr.S.Sivaprakash For Respondents : Mr.P.Thilakkumar Standing Counsel for Government
ORDER
(Order of this Court was made by M.DURAISWAMY,J.) The petitioner, who is claiming to be the owner of the vehicle, seeks release of the same by filing the writ petition, pursuant to his representation dated 04.08.2021.
2. This Court had already held that the remedy open to the petitioner is to approach the jurisdictional designated Court and https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.14118 of 2021 not to invoke the extraordinary jurisdiction of this Court. This is also for the reason that the power of confiscation is available to the designated Court. Though an F.I.R., has been registered, the offence involved would include Section 21(1) of the Mines and Minerals Act. Such a situation had already been taken note of by way of a clarification by this Court indicating the procedure to be followed. Thus, 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. In the event of filing a petition before the jurisdictional designated Court, the said Court is expected to dispose of the same, on merits and in accordance with law, within a period of four weeks from the date of receipt of such an application. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) SSL 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, Dindigul District, Dindigul.
2.The Assistant Director, Geology and mining, Collectorate, Dindigul District.
3.The Inspector of Police, Batlagundu Police Station, Dindigul District.
W.P.(MD)No.14118 of 2021 11.08.2021 RK (19.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2