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Madras High CourtWP(MD)/29341/2024disposed of

Selva Priya v. The Deputy Commissioner Of Police

2024-12-06Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Selva Priya

...Petitioner

Vs 1.The Deputy Commissioner of Police, Prohibition and Excise Department, Thoothukudi District.

2.The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.

(Crime No.158 of 2024) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the first respondent to return the petitioner's vehicle bearing registration No.TN96 H 9799 Hero Destini which was under the custody of the second respondent Police Station, based on the petitioner's explanation dated 25.07.2024.

For Petitioner : Mr.G.Radhakrishnan For Respondents : Mrs.M.Aasha Government Advocate (Criminal Side) 1/4

O R D E R

Heard Mr.G.Radhakrishnan, learned counsel for the petitioner and Mrs.M.Aasha, learned Government Advocate (Criminal Side), for the respondents.

2. This Writ Petition has been filed praying for a Mandamus, directing the first respondent to return the petitioner's vehicle bearing registration No.TN96 H 9799 Hero Destini which was under the custody of the second respondent Police Station, based on the petitioner's explanation dated 25.07.2024.

3. It is to be noted that the first respondent herein passed an order on 23.08.2024 confiscating the said vehicle. In view of this, since the petitioner has not challenged the said order, he would not be entitled to the mandamus as prayed for. If the petitioner is aggrieved, he is at liberty to challenge the order dated 23.08.2024, whereby the first respondent confiscated the vehicle.

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4. With the above observations, this Writ Petition is disposed of. No costs.

06.12.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The Deputy Commissioner of Police, Prohibition and Excise Department, Thoothukudi District.

2.The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.

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K.KUMARESH BABU , J.

Nsr 06.12.2024 4/4