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Madras High CourtWP(MD)/26579/2023disposed of

Esakkimuthu v. The District Supply Officer

2023-11-06Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Esakkimuthu ... Petitioner Vs.

1.The District Supply Officer, Collectorate Complex, Tirunelveli District.

2.The Inspector of Police, Civil Supplies C.I.D., Tirunelveli Unit, Madurai, In Crime No.163 of 2022 3.The District Revenue Officer, District Revenue Office, Tirunelveli District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents herein to forthwith to release the petitioner's TATA INTRA V10 bearing Registration No. TN-72-BT-5416 from their custody on the basis of his representation dated 07.06.2023.

For Petitioner : Mr.C.Susikumar For Respondents : Mr.V.Nirmal Government Advocate for R1 & R3 : Mr.A.Albert James Government Advocate for R2 1/4

ORDER

Heard the learned counsel on either side.

2. The petitioner seeks return of the petition mentioned vehicle that was seized in connection with Crime No.163 of 2022 registered on the file of the second respondent.

3. When the matter was taken up for hearing, the learned Government Advocate pointed out that the petitioner has already suffered an order dated 26.07.2022 at the hands of the third respondent. The third respondent had directed the petitioner to remit a sum of Rs.4,50,000/-. Unless the petitioner challenges the said order, the question of granting relief does not arise. The petitioner ought to have made a disclosure regarding passing of the said order. 4.The learned counsel for the petitioner seeks leave to withdraw the writ petition.

5. The writ petition is dismissed as withdrawn with liberty to challenge the order dated 26.07.2022. No costs.

06.11.2023 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The District Supply Officer, Collectorate Complex, Tirunelveli District.

2.The Inspector of Police, Civil Supplies C.I.D., Tirunelveli Unit, Madurai.

3.The District Revenue Officer, District Revenue Office, Tirunelveli District.

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G.R.SWAMINATHAN, J.

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