Madras High Court
Arjunan vs The District Collector on 21 April, 2021
W.P.(MD)No.8154 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.P.(MD)No.8154 of 2021
and
W.M.P.(MD)No.6205 of 2021
Arjunan ... Petitioner
Vs.
1.The District Collector,
Collector Office,
Sivagangai District – 630 562.
2.The Revenue Divisional Officer,
RDO, Office,
Sivagangai District – 630 561.
3.The Tahsildar,
Tahsildar Office,
Manamadurai – 630 606.
https://www.mhc.tn.gov.in/judis/
1/6
W.P.(MD)No.8154 of 2021
4.The Assistant Director,
Geology and Mining,
Collector Office,
Sivagangai District – 630 562.
5.The Inspector of Police,
Manamadurai Police Station,
Sivagangai District – 630 606 ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, directing the
respondents to release the petitioner's Tractor No. TN 63 F 4361
with Trailer No. TN 63 F 4375 from the custody of the fifth
respondent on the basis of the petitioner's representation dated
10.04.2021, within a stipulated time that may be fixed by this
Court.
For Petitioner : Mr.R.Senthil Kumar
For Respondents : Mr.K.Mu.Muthu,
Additional Government Pleader
ORDER
************
[Order of the Court was made by T.S.SIVAGNANAM, J.]
With the consent on either side, the Writ Petition itself is
taken up for final disposal.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.8154 of 2021
2.Heard Mr.R.Senthil Kumar, learned Counsel appearing for
the petitioner and Mr.K.Mu.Muthu, learned Additional Government
Pleader appearing for the respondents.
3.This Writ Petition has been filed praying for a Writ of
Mandamus, to direct the respondents to release the petitioner's
Tractor No. TN 63 F 4361 with Trailer No. TN 63 F 4375 from the
custody of the fifth respondent, by considering his representation
dated 10.04.2021.
4.The learned Additional Government Pleader appearing for
the respondents submitted that in terms of the judgment of the
Hon'ble Division Bench in the case of Muthu Vs. District
Collector and others in W.P.(MD)No.19936 of 2018 dated
29.10.2018, the petitioner should move the Special Court for
release of the vehicle which has been detained by the respondent
police.
5.The learned Counsel appearing for the petitioner pointed
out that no private complaint has been filed by the competent
person under Section 22 of the Mines and Minerals Act, 1957, for
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.8154 of 2021
the offence under Section 21(1) of the Act and the respondents
have failed to follow the directions issued in the case of Muthu Vs.
District Collector and others in W.P.(MD)No.19936 of 2018
dated 29.10.2018, within 7 days of the seizure of the vehicle.
Therefore, the matter will not come within the purview of the
Special Court.
6.From a perusal of the FIR in Crime No.70 of 2021, on the
file of the Manamadurai Police Station, we find that the offence
registered is only under Section 379, IPC.
7.In the light of the above, we direct the fifth respondent
police to produce the vehicle before the Judicial Magistrate,
Manamadurai, within three [3] days from the date of receipt of a
copy of this order and we give liberty to the petitioner to file an
application before the learned Judicial Magistrate, Manamadurai,
for release of the vehicle and if such petition is filed, the learned
Judicial Magistrate shall consider the same and pass appropriate
orders in accordance with law.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.8154 of 2021
8.With the above direction, the Writ Petition stands disposed
of. However, there shall be no order as to costs. Consequently, the
connected miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
21.04.2021
Index : Yes / No
Internet: Yes / No
MR
Note: Issue a copy of this order by 22.04.2021.
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.
To
1.The District Collector,
Collector Office,
Sivagangai District – 630 562.
2.The Revenue Divisional Officer,
RDO, Office,
Sivagangai District – 630 561.
3.The Tahsildar,
Tahsildar Office,
Manamadurai – 630 606.
4.The Assistant Director,
Geology and Mining,
Collector Office,
Sivagangai District – 630 562.
5.The Inspector of Police,
Manamadurai Police Station,
Sivagangai District – 630 606.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.8154 of 2021
T.S.SIVAGNANAM., J.
and
S.ANANTHI., J.
MR
ORDER MADE IN
W.P.(MD)No.8154 of 2021
21.04.2021
https://www.mhc.tn.gov.in/judis/
