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Madras High CourtWP(MD)/17661/2020disposed of

P.Karthikeyan v. The Assistant Director Of Geology And Mining

2020-12-04Honourable Mr Justice Abdul Quddhose2 pages

W.P(MD).No.17661 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2020

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P(MD).No.17661 of 2020 P.Karthikeyan .. Petitioner Vs.

1.The Assistant Director of Geology and Mining, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Inspector of Police, Guziliamparai Police Station, Dindigul 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 Lorry bearing Reg. No.TN-04-AB-2048 seized by the 3rd respondent on 02.11.2020, to the petitioner. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.C.Ramesh Special Government Pleader

ORDER

(This petition was heard through the Video Conference) This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to release the petitioner's vehicle namely Lorry bearing Reg. No.TN-04-AB-2048 from their custody and to hand over the above vehicle to the petitioner forthwith, by considering the petitioner's representation dated 06.11.2020.

2. Mr.C.Ramesh, learned Special Government Pleader accepts notice on behalf of the respondents.

3. Heard Mr.T.Lenin Kumar, learned counsel for the petitioner and Mr.C.Ramesh, learned Special Government Pleader for the respondents.

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W.P(MD).No.17661 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 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-I) // True Copy // / /2020 Sub Assistant Registrar(CS) TM 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 Assistant Director of Geology and Mining, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Palani, Dindigul District. 3.The Inspector of Police, Guziliamparai Police Station, Dindigul District.

+1 CC to M/s.GP ( SR-24436[F] dated 08/12/2020 ) W.P(MD).No.17661 of 2020 04.12.2020 tp(CO) TR(21.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2