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Judgment
Pushpa Sathyanarayana, J
The writ petition has been filed by the petitioner seeking for a direction to the respondents herein to release the vehicles belongs to the petitioner's company TTK Construction bearing Registration Nos.TN-59- CH-4738, TN-59-CH-3748 and TN-59-CH-3704 seized by the respondents herein in respect of the case in Crime No.607 of 2021 on the file of the Inspector of Police, Thenkarai Police Station, Thenkarai, Theni District.
Heard Mr.A.Haja Mohideen, learned counsel appearing for the petitioner and Mr.P.Thilakkumar, learned Government Pleader appearing for the respondents.
An identical issue has been considered by the Hon'ble Division Bench of this Court in W.P(MD)No.3998 of 2021 (M.Subbaiah vs. The Revenue Divisional Officer, Virudhunagar District) and this Court has closed the Writ Petition, giving liberty to the petitioner to work out the remedy in the manner known to law. Relevant portion of the said order is extracted hereunder:
2.We have already held that remedy open to the petitioner is to approach the jurisdictional designated Court and not to invoke the extraordinary jurisdiction of this Court. This is also for the reason that power of confiscation is available to the designated Court. Though an FIR has been registered, the offence involved would include Section 21(1) of the Mines and Minerals Act. Such a situation has already been taken note of by way of a clarification by us indicating the procedure to be followed. Thus, the present writ petition stands closed giving liberty to the petitioner to work out his remedy in the manner known to law in tune with the order of the Division Bench.
In the event of filing a petition before the jurisdictional designated Court, the said Court is expected to dispose of the same, on merits and in accordance with law, within a period of two weeks from the date of receipt of such an application. No costs.
In tune with the order of the Division Bench, if the petitioner files a petition before the jurisdictional designated Court, such Court shall dispose of the same on merits and in accordance with law within a period of two weeks from the date of receipt of such application.
In the light of the above order, the writ petition stands disposed of with similar observations made in W.P(MD).No.3998 of 2021.
No costs.