Jaisankar v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P(MD)NO.18173 of 2021 Jaisankar
...Petitioner
Vs.
1.The Revenue Divisional Officer, Revenue Divisional Office, Kumbakonam Division, Thanjavur District.
2.The Inspector of Police, Thirupanendal Police Station, Thirupanendal, Thanjavur District.
3.The Assistant Director, Tamil Nadu Mines and Minerals, Thanjavur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus directing the respondents to release the Petitioner's vehicle by branding name Ashok Leyland Dhost Tipper Lorry bearing Registration No.TN 82 Y 3404 seized by the second respondent on 13.06.2021. For Petitioner : Mr.P.Vishnuvarthanan For Respondents : Mr.P.Thilakkumar Government Pleader
ORDER
(Order of this Court was made by M.DURAISWAMY,J.) The petitioner, who is claiming to be the owner of the vehicle, seeks release of the same by filing the present writ petition.
2. This Court had already held that the remedy open to the petitioner is to approach the jurisdictional designated Court and not to invoke the extraordinary jurisdiction of this Court. This is also for the reason that the power of confiscation is available to the designated Court. Though an F.I.R., has been registered, the https://hcservices.ecourts.gov.in/hcservices/ 1/2
offence involved would include Section 21(1) of the Mines and Minerals Act. Such a situation had already been taken note of by way of a clarification by this Court indicating the procedure to be followed. Thus, the present writ petition stands closed, giving liberty to the petitioner to work out his remedy in the manner known to law in tune with the order of the Division Bench. In the event of filing a petition before the jurisdictional designated Court, the said Court is expected to dispose of the same, on merits and in accordance with law, within a period of four weeks from the date of receipt of such an application. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn 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, Revenue Divisional Office, Kumbakonam Division, Thanjavur District.
2.The Inspector of Police, Thirupanendal Police Station, Thirupanendal, Thanjavur District.
3.The Assistant Director, Tamil Nadu Mines and Minerals, Thanjavur District.
+1 CC to M/s.P.M.VISHNUVARTHANAN, Advocate ( SR-31669[F] dated 07/10/2021 ) +1 CC to M/s.SPL.GP ( SR-31353[F] dated 06/10/2021 ) W.P(MD)NO.18173 of 2021 05.10.2021 NSN(CO) KB(11.10.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2