Madras High CourtWP(MD)/18537/2017disposed of

P.Duraipandian, v. The Revenue Divisional Officer

2017-11-09Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD) No.18537 of 2017 P.Duraipandian ... Petitioner -vs1. The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

2. The Inspector of Police, Parthibanoor Police Station, Ramanathapuram District.

3.Vijayakumar (R3 is impleaded vide order dated 12/10/17 in WMP(MD)No.15271/2017) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to release the petitioner's Dipper Lorries bearing Reg.Nos.TN-65V-6556, TN-65-AB-7777, TN-65-Z-3078 & JCB Vehicle TN-65-W-0555, seized on 26.09.2017 by the 2nd respondent by considering the petitioner's representation dated 27.09.2017. For Petitioner : Mr.K.Chellapandian, Senior Counsel For Mr.D.Senthil For R1 & R2 : Mr.J.Gunaseelan Muthiah Govt. Advocate For R3 : Mr.R.Murali *****

O R D E R

The petitioner seeks for a direction to the 1st respondent to release the petitioner's Tipper Lorries bearing Reg.Nos.TN-65V-6556, TN-65-AB-7777, TN-65-Z-3078 & JCB Vehicle TN-65-W-0555 seized on 26.09.2017 by the 2nd respondent by considering the petitioner's representation dated 27.09.2017.

2. Heard the learned counsel for the parties. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the third respondent would submit that this Court, as an interim measure had granted the release of vehicles in question on 12.10.2017 on payment of Rs.25,000/- each. It is brought to the attention of this Court by the third respondent that the petitioner, after taking re-possession / interim custody of the vehicles, has been involving the very same vehicles for commission of similar offences again and again. The said submission is stoutly refuted by the learned counsel for the petitioner, stating that the third respondent, being a whistleblower, has no locus standi to say a word in this case.

4. Be that as it may, the vehicles in question were already entrusted to the petitioner, on fulfilment of the conditions imposed by this Court. Therefore, this petition is closed, leaving it open to the concerned authorities to confiscate the vehicles in question, in the event of the same being used hereafter for committing crimes under the provisions of Mines and Minerals Act by the petitioner. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To:

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

2. The Inspector of Police, Parthibanoor Police Station, Ramanathapuram District.

+One cc to Mr.R.Murali, Advocate, SR.No.86321 +One cc to The Special Government Pleader, SR.No.86548 +One cc to Mr.D.Senthil, Advocate, SR.No.86150 ar RL/6C/2P/SKN/RSK/SAR4/14/11/2017 W.P.(MD) No.18537 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 09.11.2017