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Madras High CourtWP(MD)/18893/2022dismissed

Sherinlix v. The District Revenue Officer

2022-08-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Sherinlix ... Petitioner Vs.

1.The District Revenue Officer, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Civil Supplies Crime Investigation Department, Tirunelveli.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to release the Ashok Leyland Lorry bearing registration No.KL-07-BM-2263 seized by the second respondent on 11.08.2022 to the petitioner. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.M.Sarangan, Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

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2.The petition mentioned vehicle has been seized in connection with a case registered under Essential Commodities Act. In normal circumstances, I would have granted interim custody but the learned Additional Government Pleader for the respondents points out that the very same vehicle was involved in a similar case six months back and following grant of order of this Court, interim custody was given to the petitioner. Since the very same vehicle is involved in case of similar in nature and that too in the very recent past, I am not inclined to exercise my discretion in favour of the writ petitioner. The writ petition stands dismissed. I make it clear that the other contentions of the petitioner are left open. The dismissal of this writ petition would not mean that the other defences of the writ petitioner are foreclosed. No costs. 22.08.2022 Index : Yes / No Internet : Yes/ No ias 2/4

To:- 1.The District Revenue Officer, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Civil Supplies Crime Investigation Department, Tirunelveli.

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G.R.SWAMINATHAN, J.

ias 22.08.2022 4/4