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Madras High CourtWP(MD)/14276/2020dismissed as infructuous

Malaichamy v. The Revenue Divisional Officer

2020-10-15Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.14276 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2020

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.14276 of 2020 Malaichamy : Petitioner Vs.

1.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

2.The Inspector of Police, Town Police Station, Rameswram, Ramanathapuram District.

3.The Inspector of Police, PEW-Ramanathapuram Police Station, Ramanathapuram, Ramanathapuram District.

: Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the 3rd respondent to release the petitioner's Bike bearing Reg.No.TN-65-AD-0450 seized by the 3rd respondent on 15.01.2020.

For Petitioner :Mr.K.Gokul For Respondents :Mr.Rajarajan Additional Government Pleader

ORDER

This Writ Petition is filed for a Mandamus seeking for a direction to direct the 3rd respondent to release the petitioner's Bike bearing Reg.No.TN-65-AD-0450 seized by the 3rd respondent on 15.01.2020.

2.Heard Mr.K.Gokul, learned Counsel appearing for the petitioner and Mr.Rajarajan, learned Additional Government Pleader, appearing for the respondents.

3.The learned Additional Government Pleader has produced a copy of the final order, dated 06.04.2020 passed under Section 14(4) of the Tamil Nadu Prohibition Act 1937. He would further submit that https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.14276 of 2020 since final orders have been passed, the only remedy now available to the petitioner is to challenge the said final order. 4.In this Writ Petition, the petitioner has sought for release of his Bike bearing Registration No.TN-65-AD-0450, which was seized by the 3rd respondent under the provisions of Tamil Nadu Prohibition Act 1937. Since final orders have already been passed under Section 14(4) of the Tamil Nadu Prohibition Act 1937, the Writ Petition has now become infructuous. A copy of the final order dated 06.04.2020 has been sent to the learned Counsel for the petitioner by the learned Additional Government Pleader.

5.After recording the submissions made by the learned Additional Government Pleader appearing for the respondents as well as after perusing the final order passed under Section 14(4) of Tamil Nadu Prohibition Act 1937, this Writ Petition is dismissed as infructous. However, liberty is granted to the petitioner to challenge the final order, dated 06.04.2020 in accordance with law. However, there is no order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Cmr To 1.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

2.The Inspector of Police, Town Police Station, Rameswram, Ramanathapuram District.

3.The Inspector of Police, PEW-Ramanathapuram Police Station, Ramanathapuram, Ramanathapuram District.

+1 CC to SGP ( SR-20470[F] dated 16/10/2020 ) Order made in W.P.(MD)No.14276 of 2020 15.10.2020 SE(CO) NR (02/11/2020) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2