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Madras High CourtWP(MD)/16069/2020dismissed

A.Kalimuthu v. The Revenue Divisional Officer

2020-11-18Honourable Mr Justice Abdul Quddhose2 pages

W.P(MD).No.16069 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2020

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P(MD).No.16069 of 2020 A.Kalimuthu .. Petitioner Vs.

1.The Revenue Divisional Officer, Kulithalai, Karur District.

2.The Assistant Director, Geology and Mines Department, Karur.

3.The Inspector of Police, Chinathamanipatti Police Station, Karur District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 10.10.2020 to release the Tractor with registration No. TN 47 AP 3859, which is in the custody of the third respondent.

For Petitioner : Mr.V.Nagarajan 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 respondents to consider the petitioner's representation dated 10.10.2020, to release the Tractor with registration No. TN 47 AP 3859, which is in the custody of the third respondent.

2. Mr.M.Rajarajan, learned Additional Government Pleader accepts notice on behalf of the respondents.

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

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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.16069 of 2020

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-II) // 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, Kulithalai, Karur District.

2.The Assistant Director, Geology and Mines Department, Karur.

3.The Inspector of Police, Chinathamanipatti Police Station, Karur District.

+1 CC to Mr.V.NAGARAJAN, Advocate ( SR-21983[F] dated 18/11/2020 ) +1 CC to SPL GP ( SR-22188[F] dated 19/11/2020 ) W.P(MD).No.16069 of 2020 18.11.2020 VB (27.11.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2