Kaluvan.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE S.ANANTHI A.Kaluvan ... Petitioner Vs.

1.The District Collector, 2.The Assistant Director, Geology and Mines, 3.The Revenue Divisional Officer, 4.The Tahsildar, Uthamapalayam, 5.The Revenue Inspector, Markkayankottai, 6.The Inspector of Police, Chinnamanur Police Station, ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to release the lorry bearing Registration No.TN60-P-2117 to the petitioner forthwith. For Petitioner :

Mr.D.Malaichamy For Respondents :

Mr.P.Thilakkumar Government Pleader

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) The petitioner, who is claiming to be the owner of the vehicle, seeks release of the same by filing the present writ petition, pursuant to his representation, dated 20.08.2021. 1/3

2. Today, when the matter is taken up for hearing Mr.D.Malaichamy, learned counsel appearing for the petitioner would submit that the lorry was seized on 16.08.2021, but till filing of the writ petition, no FIR has been filed. However, after filing of this writ petition, FIR has been filed yesterday i.e. on 26.10.2021.

3. Considering the fact that FIR has already been filed, the remedy available to the petitioner is to approach the concerned Special Court seeking for release of the lorry and hence, this Writ Petition is not maintainable.

4. In such circumstances, the Writ Petition stands disposed of with liberty to the petitioner to approach the concerned Special Court seeking for release of the lorry, if so advised. No costs. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) rm 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 District Collector, 2.The Assistant Director, Geology and Mines, 3.The Revenue Divisional Officer, 4.The Tahsildar, Uthamapalayam, 2/3

5.The Revenue Inspector, Markkayankottai, 6.The Inspector of Police, Chinnamanur Police Station, +1 CC to M/s.D. MALAICHAMY, Advocate (SR-32907[F] dated 27/10/2021) +1 CC to M/s.SPL.GP (SR-33029[F] dated 28/10/2021) ORDER MADE IN 27.10.2021 NA(CO) GC/JC(15.11.2021) 3P 9C 3/3