Madras High CourtWP(MD)/16227/2020disposed of

Mutharasi v. The Additional Superintendent Of Police

2020-11-19Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.16227 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2020

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.16227 of 2020 Mutharasi ... Petitioner Vs.

1.The Additional Superintendent of Police, (Prohibition Enforcement Wing), Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Rameswaram Town Police Station, Ramanthapuram District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to release the petitioner's Two-Wheeler, TVS Scooty Pep Plus bearing Registration No.TN 65 AF-7426, seized on 15.08.2020 by the second respondent by considering the petitioner's representation dated 02.11.2020 within a time stipulated by this Court. For Petitioner : Mr.T.Veerakumar For Respondents : Mrs.M.Rajeswari, Government Advocate.

ORDER

(This petition was heard through video conferencing) This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to release the petitioner's TwoWheeler, TVS Scooty Pep Plus bearing Registration No.TN 65 AF-7426 seized by the second respondent on 15.08.2020 by considering the petitioner's representation dated 02.11.2020. 2.Mrs.M.Rajeswari, learned Government Advocate accepts notice on behalf of the respondents.

3.Heard Mr.T.Veerakumar, learned counsel for the petitioner and Mrs.M.Rajeswari, learned Government Advocate for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.16227 of 2020 4.Today, when the matter is taken up for hearing, the learned Government Advocate for the respondents, on instructions, would submit that the seized vehicle has already been produced before the Jurisdictional Criminal Court.

5.In view of the same, the present Writ Petition is not maintainable. The petitioner will have to necessarily approach the Jurisdictional Criminal Court by filing an application under Section 451 of Cr.P.C., for releasing of his seized vehicle. Hence, the petitioner is at liberty to approach the Jurisdictional Criminal Court for seeking release of the seized vehicle by filing appropriate application under Section 451 of Cr.P.C. 6.On receipt of such application, the Jurisdictional Criminal Court shall dispose of the said application, within a period of four weeks, thereafter. Accordingly, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Gns 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 Additional Superintendent of Police, (Prohibition Enforcement Wing), Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Rameswaram Town Police Station, Ramanthapuram District.

+1 CC to SGP ( SR-22380[F] dated 20/11/2020 ) W.P.(MD)No.16227 of 2020 19.11.2020 NR (26/11/2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2