Madras High CourtWP Crl.(MD)/1831/2025disposed of

Tamilan v. The State Of Tamilnadu

2025-11-05Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.11.2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN W.P.Crl (MD)No.1831 of 2025 and W.M.P(MD) Nos.430 and 431 of 2025 Tamilan ... Petitioner Vs 1.The State of Tamil Nadu, Superintendent of Police, Theni District.

2.The District Superintendent of Police, Prohibition and Enforcement Wing, Theni District, Theni.

3.The Inspector of Police, Veerapandi Police Station, Theni District.

... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the second respondent impugned notice in Na.Ka.No.Confiscn/DSP/PEW/TNI/2025 dated 27.09.2025, quash the same and consequently, direct the respondents to release the petitioner's vehicle TN 60 F 8861 Auto to his custody pending disposal of the criminal case.

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For Petitioner : Mr.S.Srikanth For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

The petitioner seeks to quash the impugned notice in Na.Ka.No.Confiscn/DSP/PEW/TNI/2025, dated 27.09.2025 and consequently, directs the respondents to release the petitioner's vehicle bearing Registration No.TN 60 F 8861 (Auto) to his custody pending disposal of the criminal case.

2.The impugned order is an order of confiscation passed under Section 14(4) of the Tamil Nadu Prohibition Act. The petitioner has not alleged any violation of natural justice or procedural irregularity so as to warrant interference in the writ petition.

3.The petitioner has an effective alternative remedy to file an appeal under Section 14(5) of the Tamil Nadu Prohibition Act. The impugned order was passed on 27.09.2025 and the writ petition has been filed on 13.10.2025. Hence, the Writ Petition is dismissed with liberty to 2/4

the petitioner to file an appeal. The time taken by the petitioner to pursue the writ petition from 13.10.2025 to 05.11.2025 shall be excluded for the purpose of calculating the period of limitation for filing the appeal. No costs. Consequently, connected miscellaneous petitions are closed. 05.11.2025 Index :Yes/No Internet :Yes/No NCC :Yes/No cp Note: Issue order copy on 10.11.2025 To 1.The Superintendent of Police, O/o.Superintendent of Police, Kanyakumari District at Nagercoil.

2.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN,J CP ORDER IN W.P.Crl (MD) No.1831 of 2025 Date : 05.11.2025 4/4