Madras High CourtWP(MD)/19230/2020disposed of

Muthupandi v. The Revenue Divisional Officer

2020-12-23Honourable Mr Justice Abdul Quddhose2 pages

W.P(MD).No.19230 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.19230 of 2020 (Through Video Conference) Muthupandi ... Petitioner Vs.

1) The Revenue Divisional Officer, Sivagangai, Sivagangai District.

2) The Assistant Director, Department of Geology and Mines, Sivagangai District.

3) The Inspector of Police, Thiruppachethi Police Station, Sivagangai 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 TVS XL 100 two wheeler vehicle bearing Registration No.TN 85 L 2826 which was seized by the 3rd respondent police by the way of considering petitioner's representation dated 15.12.2020 within the time stipulated by this Court. For Petitioner : Mr.Venkatesan.R For Respondents : Mr.A.Muthukaruppan, Additional Government Pleader

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 TVS XL 100 two wheeler vehicle bearing Registration No.TN 85 L 2826 which was seized by the 3rd respondent police by the way of considering petitioner's representation dated 15.12.2020 within the time stipulated by this Court.

2. Mr.A.Muthukaruppan, learned Additional Government Pleader accepts notice on behalf of the respondents.

3. Heard Mr.Venkatesan.R, learned counsel for the petitioner and Mr.A.Muthukaruppan, learned Additional Government Pleader for the respondents.

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W.P(MD).No.19230 of 2020

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 // True Copy // / /2021 Sub Assistant Registrar(CS) sts 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, Sivagangai, Sivagangai District.

2) The Assistant Director, Department of Geology and Mines, Sivagangai District.

3) The Inspector of Police, Thiruppachethi Police Station,Sivagangai District. +1 CC to Special Government Pleader SR.No.27256. Order made in W.P(MD).No.19230 of 2020 Dated:

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