Rajkumar v. The Assistant Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2020

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Rajkumar .. Petitioner Vs.

1.The Assistant Director, Geology and Mining, Sivangangai, Sivagangai District.

2.The Revenue Divisional Officer, Thiruppuvanam, Sivagangai District.

3.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the third respondent to release the petitioner's vehicle pickup van bearing registration No.TN 57 AY 0480.

For Petitioner : Mr.S.Muniyandi For Respondents : Mr.M.Rajarajan Additional Government Pleader

ORDER

(This Matter was heard through the Video Conferencing) This Writ Petition has been filed for a Mandamus seeking for a direction to the third respondent to release the petitioner's vehicle pickup van bearing registration No.TN 57 AY 0480.

2. Mr.M.Rajarajan, learned Additional Government Pleader accepts notice on behalf of the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard Mr.S.Muniyandi, learned counsel for the petitioner and Mr.M.Rajarajan, learned Additional Government Pleader for the respondents.

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4. Today, when the matter is taken up for hearing, the learned Additional Government Pleader 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) tsg 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 District Munsif-cum-Judicial Magistrate, Thiruppuvanam, Sivagangai District.

2.The Assistant Director, Geology and Mining, Sivangangai, Sivagangai District.

3.The Revenue Divisional Officer, Thiruppuvanam, Sivagangai District.

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4.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

+1 CC to SGP ( SR-23644[F] dated 02/12/2020 ) 30.11.2020 PU(CO) NR (09/12/2020) 3P : 6C 3/3