Madras High CourtWP(MD)/17111/2020disposed of

V.Surlui v. The Revenue Divisional Officer

2020-11-30Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD) No.17111 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2020

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.17111 of 2020 V.Surlui ... Petitioner Vs.

1.The Revenue Divisional Officer, Uthamapalyam, Theni District.

2.The Assistant Director Mines and Minerals, Theni District.

3.The Inspector of Police, Thevaram Police Station, Theni District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent herein to release the petitioner's Tractor and Trailer bearing Registered No.TN-82-6017 and TN-72-W-1623 based on the petitioner's representation dated 14.10.2020. For Petitioner : Mr.A.Arputharaj For Respondent : Mr.A.Muthukaruppan, 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 respondents to release the petitioner's vehicle viz., Tractor and Trailer bearing Registered No.TN-82-6017 and TN-72-W-1623.

2.Mr.A.Muthukaruppan, learned Additional Government Pleader accepts notice on behalf of the respondents. On instructions, he would submit that the seized vehicle has already been produced before the jurisdictional criminal Court.

3.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 release of the vehicle. Hence, the petitioner is at liberty to approach the jurisdictional criminal Court to seek release of the seized vehicle by filing appropriate application under Section 451 of Cr.P.C.

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

W.P.(MD) No.17111 of 2020 4.On receipt of such application, the jurisdictional criminal Court shall pass final orders in the said application, within a period of four weeks, thereafter. Accordingly, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) gns 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, Uthamapalyam, Theni District.

2.The Assistant Director Mines and Minerals, Theni District.

3.The Inspector of Police, Thevaram Police Station, Theni District.

+1 CC to M/s.SPL GP ( SR-23528[F] dated 01/12/2020 ) W.P.(MD)No.17111 of 2020 30.11.2020 CK(CO) KB(09.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2