Vijay.B v. The Assistant Director Of Mines And Minerals,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.19892 and 19903 of 2020 W.P.(MD)No.19892 of 2020:
B.Vijay ... Petitioner Vs.
1.The Assistant Director of Mines and Minerals, Thanjavur District.
2.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.
3.The Inspector of Police, Thiruppanandhal Police Station, Thanjavur District.
... Respondents Prayer: Writ petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to release the petitioner's Ashok Leyland Dost LGV bearing registration No.TN-68 L-8923 within the time stipulated by this Court.
For Petitioner : Mr.Mohamed Mohideen.T.S For Respondents : Mr.S.Angappan, Government Advocate.
W.P.(MD)No.19903 of 2020:- B.Vijay ... Petitioner Vs.
1.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.
2.The Assistant Director, Mines and Minerals Department, Thanjavur District.
3.The Inspector of Police, Thiruppanandhal Police Station, Thanjavur District.
... Respondnets 1/3
Prayer: Writ petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to release the petitioner's Ashok Leyland Dhosth vehicle bearing registration No.TN-68 L-8923, Engine No.YDH023494P, Chassis No.MB1AA22E0DRX46495, seized by the 3rd respondent police by considering the petitioner's representation dated 18.12.2020 within a time stipulated by this Court.
For Petitioner : Mr.Karunanithi.M For Respondents : Mrs.M.Rajeswari, Government Advocate.
C O M M O N O R D E R The writ petitions are two in number but the petitioner is one and the same. The relief is also one and the same. I fail to understand as to how for the same relief, the petitioner had approached two different counsel. The writ petitions liable to be dismissed on this sole ground.
2.Be that as it may, the learned Government Advocate would point out that the petitioner is having one previous case of the same nature. Therefore, I am not inclined to show my indulgence in favour of the petitioner. However, the respondents cannot retain the custody of the vehicle indefinitely. The respondents are directed to produce the vehicle before the jurisdictional Court immediately and without any further delay. The petitioner can move the Court below thereafter for release of the vehicle. 4.With this direction to the respondents and liberty to the petitioner, the writ petitions are dismissed. No costs. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar 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.
2/3
To:- 1.The Assistant Director of Mines and Minerals, Thanjavur District.
2.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.
3.The Inspector of Police, Thiruppanandhal Police Station, Thanjavur District.
+1 CC to M/s.T.S.MOHAMED MOHIDEEN, Advocate ( SR-375[F] dated 06/01/2021 ) +1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.284 W.P.(MD)Nos.19892 and 19903 of 2020 05.01.2021 ias MS/11.01.2021/3P.6C 3/3