Madras High CourtWMP(MD)/15321/2020allowed

Gopinathan v. The Revenue Divisional Officer

2020-12-15Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Fifteenth day of December Two Thousand Twenty PRESENT The Hon`ble Mr.Justice ABDUL QUDDHOSE WMP(MD). No.15321 of 2020 in WP(MD)No.16241 of 2020 Gopinathan ... Petitioner/Petitioner Vs 1 The Revenue Divisional Officer, Revenue Divisional Office, Thanjavur Thanjavur District 2 The Inspector of Police, Thogur Police Station, Thanjavur District 3 The Assistant Director Tamilnadu Mines and Minerals, Thanjavur District ... Respondents/Respondents Prayer in WMP(MD). No.15321 of 2020:- This petition filed under section 226 of Constitution of India to amend the Revenue Divisional Officer, Revenue Divisional Office, Thanjavur, Thanjavur District the same was typed wrongly as the Revenue Divisional Officer, Revenue Divisional Office, Kumbakonam, Thanjavur District in the cause title and also in the order copy of the above Writ Petition in WP(MD)No.16241 of 2020 dated 19.11.2020.

Prayer in WP(MD). 16241 of 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ or direction or any other appropriate order in the nature of writ of mandamus directing the respondents to release the petitioners JCB bearing Registration No.TN-18-F-5218, pertaining to the case in Cr.No.25 of 2020 on the file of the second respondent herein and return the vehicle to the petitioner based on representation dated 05.11.2020 ORDER:- This Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and the earlier order of this court dated 19.11.2020 1/3

made in WP(MD).16241 of 2020 and upon hearing the arguments of Mr. K.M.Karunakaran, Advocate for the Petitioner and of Mr. C.Ramesh , Special Government Pleader for the respondents, this Court made the following order:

This Court, by its earlier order, dated 19.11.2020, directed the respondents to release the subject vehicle subject to the fulfilment of certain conditions imposed by this Court. 2.The petitioner has now filed the above miscellaneous application seeking for amendment of the cause title, as according to him, the first respondent was wrongly mentioned as Revenue Divisional Officer, Kumbakonam, instead of Revenue Divisional Officer, Thanjavur.

3.No prejudice will be caused to the respondents, if the amendment petition is allowed. This Court is also satisfied with the reasons contained in the affidavit filed in support of this petition. Accordingly, this miscellaneous petition is allowed, as prayed for.

4.Since a fresh order is being issued, this Court extends the time for the petitioner to execute the bond, as per the direction in paragraph 8(1) of the order, dated 19.11.2020, by another period of one week from the date of receipt of a copy of the modified order in W.P.(MD)No.16241 of 2020.

5.Registry is directed to carryout necessary amendments in the order, dated 19.11.2020 and issue fresh order copy to the petitioner.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO

1. The Revenue Divisional Officer, Revenue Divisional Office, Thanjavur Thanjavur District

2. The Inspector of Police Thogur Police Station Thanjavur District

3. The Assistant Director Tamilnadu Mines and Minerals Thanjavur District 2/3

ORDER DATED : 15/12/2020 ==========================

ORDER

========================== WMP(MD). No.15321 of 2020 in WP(MD)No.16241 of 2020 Giving direction and etc.

as stated within.

km(CO) TR(04.01.2021) 3P 4C 3/3