Dhanam v. The Revenue Divisional Officer
W.P(MD).No.15895 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2020
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P(MD).No.15895 of 2020 Dhanam .. Petitioner Vs.
1.The Revenue Divisional Officer, Kumabakonam, Thanjavur District.
2.The Assistant Director, Mines and Minerals Department, Thanjavur District.
3.The Inspector of Police, Panthanallur Police Station, Thanjavur District.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents to release the petitioner's Tractor vehicle bearing Registration No.TN 68 Y 4888, Engine No.DP1GJ2268839, Chassis No.MD621EP14J2G03374, seized by the third respondent Police by considering the petitioner's representation dated 12.10.2020, within a time stipulated by this Court.
For Petitioner : Mr.M.Karuninithi For Respondents : Mr.A.Karthik Government Advocate
ORDER
(This Matter was heard through the Video Conferencing) This writ petition has been filed for a Mandamus seeking for a direction to the respondents to release the petitioner's Tractor vehicle bearing Registration No.TN 68 Y 4888, Engine No.DP1GJ2268839, Chassis No.MD621EP14J2G03374, seized by the third respondent.
2. Mr.A.Karthik, learned Government Advocate accepts notice on behalf of the respondents.
3. Heard Mr.M.Karunanithi, learned counsel for the petitioner and Mr.A.Karthik, learned Government Advocate for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD).No.15895 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 her 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 dismissed. No costs.
Sd/- Assistant Registrar (co) // 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 Revenue Divisional Officer, Kumabakonam, Thanjavur District.
2.The Assistant Director, Mines and Minerals Department, Thanjavur District.
3.The Inspector of Police, Panthanallur Police Station, Thanjavur District.
+1 CC to SPL GP ( SR-21928[F] dated 11/11/2020 ) W.P(MD).No.15895 of 2020 10.11.2020 VB (20.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2