Madras High CourtWP(MD)/19287/2020disposed of

Pandi.N v. The Assistant Director,

2020-12-23Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE N.Pandi ... Petitioner Vs

1. The Assistant Director, Geological & Mining Department, Sivagangai District, Sivagangai.

2. The Revenue Divisional Officer, Sivagangai District, Sivagangai.

3. The Tahsildar, Kalayarkovil Taluk, Sivagangai District.

4. The Village Administrative Officer, Valanai Group, Kalayarkovil Taluk, Sivagangai District.

5. The Inspector of Police, Kalayarkovil, Sivagangai District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to release the petitioner's Tractor bearing Registration No.TN 63 L 0817.

For Petitioner : Mr.M.S.Parthiban For Respondents : Mr.A.Karthik Government Advocate

ORDER

(This writ petition is heard through 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 Tractor bearing Registration No.TN 63 L 0817, forthwith. 1/3

2. Mr.A.Karthik, learned Government Advocate accepts notice on behalf of the respondents.

3. Heard Mr.M.S.Parthiban, learned counsel for the petitioner and Mr.A.Karthik, learned Government Advocate for the respondents.

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 (CO) // True Copy // / /2021 Sub Assistant Registrar(CS ) Note:In view of the present lock down owing to COVID19 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.