Saji Kumar v. The Assistant Director Of Geology And Mining

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.14232 of 2022 Saji Kumar ... Petitioner Vs.

1.The Assistant Director of Geology and Mining, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

3.The Inspector of Police, Koodankulam Police Station, Tirunelveli.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to release the petitioner's Tipper Lorry bearing registration No.TN-75-AM-4072 seized by the third respondent on 29.06.2022 to the petitioner. For Petitioner :Mr.T.Lenin Kumar For R1 to R3 :Mr.J.Ashok Additional 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 second respondent to release the petitioner's Tipper Lorry bearing registration No.TN-75-AM-4072 seized by the third respondent on 29.06.2022 to the petitioner.

2.Heard Mr.T.Lenin Kumar, learned Counsel for the petitioner and Mr.J.Ashok, learned Additional 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 the petitioner 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 Tirunelveli is not functioning and the learned Principal District Judge, Tirunelveli, is in-charge of hearing the matters, which are to be posted before the Special Court.

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4.In view of the above, this Writ Petition is dismissed. However, liberty is granted to the petitioner to approach the Principal District Court, Tirunelveli for release of his vehicle. If such an application is filed, the learned Principal District Judge, Tirunelveli, 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 Assistant Director of Geology and Mining, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

3.The Inspector of Police, Koodankulam Police Station, Tirunelveli.

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S.S.SUNDAR, J.

and S.SRIMATHY , J.

cmr W.P(MD)No.14232 of 2022 05.07.2022 4/4