Vadivel Murugan vs Revenue Divisional Officer And Others

Dr.Anita Sumanth, J

The petitioner has approached the Principal District and Sessions Court, Ramanathapuram, for release of Lorry that was seized by the second respondent on 29.06.2019.

It appears that a Criminal Miscellaneous Petition filed before the Principal District and Sessions Court, Ramanathapuram, was returned on 19.07.2019 under an endorsement reading thus:

'Neither FIR nor the property is before this Court. Hence returned'.

In the Criminal Miscellaneous Petition filed by the petitioner, the petitioner does not make reference to G.O.(Ms)No.298, Home (Courts-II) Department, dated 13.06.2019, extracted hereunder:

.......                                                                                         "ABSTRACT

Home (Courts-II) Department

G.O.(Ms)No.298                                                                      Dated 13.06.2019

விகாரி வருடம்

வைகாசி திங்கள் 30-ஆம் நாள்

திருவள்ளுவர் ஆண்டு 2050

Read :

G.O.(Ms) No.355, Home (Courts-II) Department, dated 11.04.2017.

G.O.(Ms) No.1564, Home (Courts-II) Department, dated 14.09.2018.

Order of the Hon'ble Division Bench of the Madurai Bench of Madras High Court, dated 29.10.2018 and 11.1.2019 passed in W.P.(MD)No. 19936 of 2017 and others.

From the Registrar General, High Court, Madras Roc.No.86124/A/2008/G4, dated 14.02.2019 and 26.03.2019.

*****

ORDER:

In the Government Order first read above, orders were issued for constitution of a Special Court in the cadre of District Judge at Madurai to deal with the complaints and cases filed for unauthorized stock of granites in Patta lands and to deal with trial of offences for contravention of the provisions of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, and notified in Government Order second read above.

Consequently, the Registrar General High Court, Madras in his letter fourth read above has stated that as there is some difficulty in finding accommodation for housing the Special Court at Madurai for trial of cases filed under the Mines and Minerals (Development and Regulation) Act, 1957 (as amended by Act 10 of 2015) which was sanctioned in the G.O. first read above, till such constitution of the said Court, and based on the direction of the Hon'ble Division Bench of the Madurai Bench of Madras High Court in its order third read above, he has requested the Government, among others, to issue necessary notification for designating the Court of Principal Judge, City Civil Court, Chennai and the Principal District Courts/District Courts in each Judicial District, in the State of Tamil Nadu as Special Courts to try the cases filed under the Mines and Minerals (Development and Regulation) Act, 1957 (as amended by Act 10 of 2015) and to cause the same published in the Tamil Nadu Government Gazette.

The Government after careful examination decided to accept the proposal of the Registrar General, High Court, Madras. Accordingly, the following Notification will be published in the Tamil Nadu Government Gazette:-

NOTIFICATION

In exercise of the powers conferred by section 30B of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) and in supersession of Home Department Notification No.II (2)/HO/879/2018 published at page-926 of part-II Section 2 of the Tamil Nadu Government Gazette dated http://www.judis.nic.in the 10th October, 2018 the Governor of Tamil Nadu, with the concurrence of the High Court, Madras hereby designates the Court of Principal Judge, City Civil Court, Chennai and the Principal District Courts/District Courts in each Judicial District in the State of Tamil Nadu as the Special Courts, specifying the entire territorial limits of the Judicial District concerned as the local limits of the area to which the jurisdiction of the respective Court shall extend and also appoints the Principal Judge, City Civil Court, Chennai and the Principal District Judges/District Judges of the respective Judicial District as the Judge of the respective Special Court to try the offences under the said Act.

..."

In the light of the aforesaid and since the Court of the Judicial Magistrate has been constituted as the Special Court empowered to consider the relief sought for by the petitioner upon imposition of terms, the petitioner is permitted to re-present his petition before the Special Court. Upon such re-presentation, the Registry of the Principal District and Sessions Court, Ramanathapuram, shall entertain and list the same for hearing. The learned Principal District Judge, Ramanathapuram, will dispose of the petition within a period of seven(7) days from date of re-presentation.

This writ petition is disposed of in the abovesaid terms. No costs.