Senthil v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2022

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.14179 of 2022 Senthil ... Petitioner Vs.

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

2.The Inspector of Police, Nilakottai, Dindigul District.

(in Crime No.148 of 2022) ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to release the petitioner's vehicle of tipper bearing Registration No.TN-76-T-0519 from the custody of the respondents in respect of Crime No.148 of 2022, dated 18.06.2022 to petitioner by considering the petitioner's representations, dated 19.06.2022 and 01.07.2022 within a time limit that may be stipulated by this Court.

For Petitioner :Mr.S.Sivaprakash For Respondents :Mr.S.P.Maharajan Special Government Pleader *** 1/4

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) This Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondents to release the petitioner's vehicle of tipper bearing Registration No.TN-76-T-0519 from the custody of the respondents in respect of Crime No.148 of 2022, dated 18.06.2022 to petitioner by considering the petitioner's representations, dated 19.06.2022 and 01.07.2022 within a time limit that may be stipulated by this Court.

2.Heard Mr.S.Sivaprakash, learned Counsel for the petitioner and Mr.S.P.Maharajan, learned Special Government Pleader, who takes notice on behalf of respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.Earlier the Division Bench of this Court has held that the Writ Petition is not maintainable for release of vehicle and the petitioner should approach the Special Court. The learned Counsel for the petitioner conceded that he may be permitted to move the Special Court and to file an application for release of his vehicle. The learned Counsel for the petitioner further submitted that the Special Court in Dindigul is 2/4

not functioning and the learned Principal District Judge, Dindigul, is incharge of hearing the matters, which are to be posted before the Special Court.

4.In view of the above, this Writ Petition is dismissed. However, liberty is granted to the petitioner to approach the Principal District Court, Dindigul for release of his vehicle. If such an application is filed, the learned Principal District Judge, Dindigul, is directed to consider the same and pass appropriate orders within a period of two weeks from the date of filing of such application. No costs. [S.S.S.R., J.] [S.S.Y., J.] 05.07.2022 Index : Yes / No cmr To 1.The Revenue Divisional Officer, Dindigul District, Dindigul.

2.The Inspector of Police, Nilakottai, Dindigul District.

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S.S.SUNDAR, J.

and S.SRIMATHY , J.

cmr W.P(MD)No.14179 of 2022 05.07.2022 4/4