Muruganatham v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2022

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.20086 of 2022 Muruganatham ... Petitioner Vs.

1.The Tahsildar, Thriuvadanai, Ramanathapuram District.

2.The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to release the the petitioner's JCB vehicle bearing registration No.TN.32-H-0820 based on the petitioners representation, dated 22.08.2022 within a time limit that may be stipulated by this Court.

For Petitioner :Mr.G.Thalaimutharasu For R1 :Mr.T.Amjad Khan Government Advocate For R2 :Mr.M.Muthumanikkam Government Advocate (Crl.side) *** 1/4

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) This Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondents to release the the petitioner's JCB vehicle bearing registration No.TN.32-H-0820 based on the petitioners representation, dated 22.08.2022 within a time limit that may be stipulated by this Court. 2.Heard Mr.G.Thalaimutharasu, learned Counsel for the petitioner, Mr.T.Amjad Khan, learned Government Advocate, who takes notice on behalf of first respondent and Mr.M.Muthumaniakkam, learned Government Advocate, who takes notice on behalf of second respondent. By consent of all parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.Earlier the Division Bench of this Court has held that the Writ Petition is not maintainable for release of vehicle and the petitioner should approach the Special Court. The learned Counsel for the petitioner conceded that he may be permitted to move the Special Court and to file an application for release of his vehicle. The learned Counsel for the petitioner further submitted that the Special Court in Ramanathapuram is not functioning and the learned Principal District 2/4

Judge, Ramanathapuram, is in-charge of hearing the matters, which are to be posted before the Special Court.

4.In view of the above, this Writ Petition is dismissed. However, liberty is granted to the petitioner to approach the Principal District Court, Ramanathapuram for release of his vehicle. If such an application is filed, the learned Principal District Judge, Ramanathapuram, is directed to consider the same and pass appropriate orders within a period of two weeks from the date of filing of such application. No costs. [S.S.S.R., J.] [S.S.Y., J.] 29.08.2022 Index : Yes / No cmr To 1.The Principal District Judge, Ramanathapuram. 2.The Tahsildar, Thriuvadanai, Ramanathapuram District.

3.The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

3/4

S.S.SUNDAR, J.

and S.SRIMATHY , J.

cmr W.P(MD)No.20086 of 2022 29.08.2022 4/4