Karunanithi v. The Assistant Director Of Geology And Mining
W.P.(MD)No.16016 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.16016 of 2020 Karunanithi ... Petitioner Vs 1.The Assistant Director of Geology and Mining, Pudukottai, Pudukottai District.
2.The Revenue Divisional Officer, Pudukottai, Pudukottai District.
3.The Inspector of Police, K.Pudupatty Police Station, Puthukottai District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the third respondent to release the petitioner's Tipper Lorry bearing Registration No.TN-63-R-2633 seized by the third respondent on 19.02.2020. For Petitioner : Mr.K.Gokul For Respondents : Mr.C.Ramar Additional Government Pleader
ORDER
(This Petition was heard through Video Conferencing) This writ petition has been filed for a Mandamus seeking for a direction to direct the third respondent to release the petitioner's Tipper Lorry bearing Registration No.TN-63-R-2633 seized by the third respondent on 19.02.2020.
2. Heard Mr.K.Gokul, learned counsel appearing for the petitioner and Mr.C,Ramar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.
3. 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.
4. In view of the same, the present Writ Petition is not maintainable. The petitioner will have to necessarily approach https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.16016 of 2020 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.
5. 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 (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) Mrn Note:In view of the present lock down owing to COVID19 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 Assistant Director of Geology and Mining, Pudukottai, Pudukottai District.
2.The Revenue Divisional Officer, Pudukottai, Pudukottai District.
3.The Inspector of Police, K.Pudupatty Police Station, Puthukottai District.
+1 CC to SGP ( SR-22041[F] dated 18/11/2020 ) W.P.(MD)No.16016 of 2020 11.11.2020 CK(CO) KM (23.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2