Thiruppathi Mani.T v. The District Collector
W.P(MD)No.18837 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P(MD)No.18837 of 2021 T.Thiruppathi Mani ... Petitioner Vs.
1.The District Collector, Madurai District, Madurai.
2.The Revenue Divisional Officer, Melur, Madurai District.
3.The Inspector of Police, Keelavalavu Police Station, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to entrust the interim custody of the petitioner's Tipper Lorry bearing Registration No.TN-48-K-1540 that seized in connection with F.I.R.No.281 of 2021 on the file of the third respondent.
For Petitioner : Mr.I.Velpradeep For Respondents : Mr.P.Thilak Kumar Government Pleader
ORDER
(Order of the 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 writ petition, pursuant to his representation, dated 06.10.2021. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.18837 of 2021 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 offence involved would include Section 21(5) 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 (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ps 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 District Collector, Madurai District, Madurai.
2.The Revenue Divisional Officer, Melur, Madurai District.
3.The Inspector of Police, Keelavalavu Police Station, Madurai District.
+1 CC to M/s.SPL.GP ( SR-32371[F] dated 25/10/2021 ) W.P(MD)No.18837 of 2021 22.10.2021 RK (01/11/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2