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Madras High CourtWP(MD)/15906/2020dismissed

Anand v. The Revenue Divisional Officer

2020-11-11Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE (Through Video Conference) Anand ... Petitioner Vs

1) The Revenue Divisional Officer, Karur,

2) The Assistant Director of Mines & Minerals, Collectorate, Karur,

3) The Thasildar, Krishnarayapuram Taluk,

4) The Inspector, Lalapet Police Station, (Crime No.300/19) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to release the petitioner's TATA LPT (Eicher Truck) bearing its Registration No.TN 45 BQ 6881 seized by the fourth respondent, within the period that may be stipulated by this Court. For Petitioner : Mr.V.Vishnu For Respondents : Mr.C.Ramesh, Special Government Pleader

O R D E R

This writ petition has been filed for a Mandamus to direct the respondents herein to release the petitioner's TATA LPT (Eicher Truck) bearing its Registration No.TN 45 BQ 6881 seized by the fourth respondent, within the period that may be stipulated by this Court.

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2. Heard Mr.V.Vishnu, learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Special Government Pleader 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. Mr.C.Ramesh, learned Special Government Pleader 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.

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.

6. With these observations, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) sts 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, Karur,

2) The Assistant Director of Mines & Minerals, Collectorate, Karur, 2/3

3) The Thasildar, Krishnarayapuram Taluk,

4) The Inspector, Lalapet Police Station, (Crime No.300/19) +1 CC to SGP ( SR-22059[F] dated 18/11/2020 ) Order made in W.P.(MD) No.15906 of 2020 SR(CO) NR (24/11/2020) 3P : 6C 3/3