Madras High Court
Shanmugaraja vs The District Collector on 22 July, 2021
W.P.(MD)No.12285 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.P.(MD)No.12285 of 2021
Shanmugaraja ... 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.
4.The Assistant Director,
Geology and Mining,
Collector Office,
Sivagangai District – 630 562.
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1/6
W.P.(MD)No.12285 of 2021
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 Lorry bearing Registration
No.TN 60 R 1306 from the custody of the fifth respondent on the
basis of the petitioner's representation dated 13.07.2021, within a
stipulated time may be fixed by this Court.
For Petitioner : Mr.R.Senthilkumar
For Respondents : Mr.A.K.Manickam
Standing Counsel for Government
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.
2.Heard Mr.R.Senthil Kumar, learned Counsel appearing for
the petitioner and Mr.A.K.Manickam, learned Standing Counsel for
Government appearing for the respondents.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.12285 of 2021
3.This Writ Petition has been filed praying for a Writ of
Mandamus, directing the respondents to release the petitioner's
Lorry bearing Registration No.TN 60 R 1306 from the custody of
the fifth respondent on the basis of the petitioner's representation
dated 13.07.2021.
4.The learned Government Counsel 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
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.
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W.P.(MD)No.12285 of 2021
6.From a perusal of the FIR in Crime No.310 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.
8.With the above direction, the Writ Petition stands disposed
of. However, there shall be no order as to costs.
[T.S.S., J.] & [S.A.I., J.]
22.07.2021
Index : Yes / No
Internet: Yes / No
MR
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.12285 of 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.12285 of 2021
T.S.SIVAGNANAM., J.
and
S.ANANTHI., J.
MR
ORDER MADE IN
W.P.(MD)No.12285 of 2021
22.07.2021
https://www.mhc.tn.gov.in/judis/
