Madras High CourtWP(MD)/19147/2020disposed of

V. Marisvaran v. The Revenue Divisional Officer,

2020-12-23Honourable Mr Justice Abdul Quddhose2 pages

W.P(MD).No.19147 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2020

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P(MD).No.19147 of 2020 (Through Video Conference) V.Marisvaran .. Petitioner Vs.

1. The Revenue Divisional Officer, Tiruchendur Revenue Division, Tiruchendur, Thoothukudi District.

2.The Assistant Director of Mines, Thoothukudi District, Thoothukudi.

3.The Inspector of Police, Arumuganeri Police Station, Arumuganeri, Thoothukudi District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents to release the petitioner's vehicle namely TATA 407 Mini Lorry bearing Registration No.TN 74 AA 0453.

For Petitioner : Mr.N.Pragalathan For Respondents : Mrs.V.P.M.Vaishnavi, Government Advocate

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to release the petitioner's vehicle namely TATA 407 Mini Lorry bearing Registration No.TN 74 AA 0453.

2. Mrs.V.P.M.Vaishnavi, learned Government Advocate accepts notice on behalf of the respondents.

3. Heard Mr.N.Pragalathan, learned counsel for the petitioner and Mrs.V.P.M.Vaishnavi, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.19147 of 2020 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) sts/pm 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, Tiruchendur Revenue Division, Tiruchendur, Thoothukudi District.

2.The Assistant Director of Mines, Thoothukudi District, Thoothukudi.

3.The Inspector of Police, Arumuganeri Police Station, Arumuganeri, Thoothukudi District.

W.P(MD).No.19147 of 2020 23.12.2020 TP(CO) KB(05.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2