Madras High CourtWP(MD)/15941/2020dismissed

M.Sundarraj v. The Revenue Divisional Officer

2020-11-11Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.15941 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.15941 of 2020 M.Sundarraj ... Petitioner Vs 1.The Revenue Divisional Officer, Revenue Divisional Office, Vedachandur, Dindigul District.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

3.The Assistant Director, Tamil Nadu Mines and Minerals, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to release the petitioner lorry bearing registration No.TN-75-M-4156 and hand over to me based on my representation dated 26.09.2020. For Petitioner : Mr.R.Venkateshwar For Respondents : Ms.M.Rajeswari Government Advocate

O R D E R

This writ petition has been filed for a Mandamus to direct the respondents to release the petitioner lorry bearing registration No.TN-75-M-4156 and hand over to me based on my representation dated 26.09.2020.

2. Heard Mr.R.Venkateshwar, learned counsel appearing for the petitioner and Ms.M.Rajeswari, learned Government Advocate appearing for the respondents.

3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

4. Ms.M.Rajeswari, learned Government Advocate appearing for the respondents would submit that the seized vehicle has already been produced before the concerned jurisdictional Criminal Court and therefore, the writ petition is not maintainable. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.15941 of 2020

5. Since the seized vehicle has already been produced before the jurisdictional Criminal Court, this writ petition stands dismissed. However, liberty is granted to the petitioner to approach the concerned jurisdictional Criminal Court by filing an application under section 451 of I.P.C. On receipt of such application, the concerned jurisdictional Criminal Court shall dispose of the said application on merits and in accordance with law within a period of four weeks thereafter. However, there shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ta 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 Revenue Divisional Officer, Revenue Divisional Office, Vedachandur, Dindigul District.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

3.The Assistant Director, Tamil Nadu Mines and Minerals, Dindigul District.

+1 CC to SGP ( SR-22077[F] dated 18/11/2020 ) Order made in W.P.(MD) No.15941 of 2020 11.11.2020 KG(CO) NR (24/11/2020) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2