S.Jayaprakash Vs the Revenue Divisional Officer — Mining and Natural Resources | Madras HC (2025)

S.Jayaprakash Vs the Revenue Divisional Officer — Mining and Natural Resources | Madras HC (2025)

What the court decided

AI extract

Outcome

Liberty kept open to the petitioner to approach the appropriate Special Court to seek return of the vehicle; the mandamus for direct release was not granted; no order as to costs.

Issue for consideration

Whether a writ of mandamus should be issued directing the respondents to release the petitioner's Ashok Leyland Tipper Lorry bearing No.TN.05.C.8830, seized in connection with Crime No.493 of 2020. +1 more

Court's answer

The writ petition stands disposed of, with the petitioner's liberty kept open to approach the Special Court for release/return of the vehicle; there shall be no order as to costs.

Ratio / Principle

Adopting the Government Advocate's submission, the petitioner's remedy lies in an application under Section 451 of the Code of Criminal Procedure before the appropriate Special Court (the offence being triable by the Special Court under the Mines and Minerals (Development and Regulation) Act), rather than a mandamus from this Court.

Detailed headnote1 paragraphs

Madras High Court (single judge, D.Bharatha Chakravarthy J.), 07.03.2025 - W.P.No.8101 of 2025. S.Jayaprakash sought a mandamus under Article 226 of the Constitution directing the Revenue Divisional Officer, Cuddalore and the Station House Officer, Pudupettai Police Station to release his Ashok Leyland Tipper Lorry TN.05.C.8830. The lorry had been taken into custody over alleged illegal transport of half unit of river sand from Thenpennai river and a case in Crime No.493 of 2020 was registered; the vehicle was deposited into the concerned Court vide C.P.No.111 of 2022. The petitioner's grievance was that his application under Section 451 of the Code of Criminal Procedure before the jurisdictional magistrate was refused; per the respondents' account, the Judicial Magistrate No.II, Panruti, by order dated 15.09.2022 in Crl.M.P.No.1599 of 2022, directed the petitioner to the appropriate Special Court. Following the Government Advocate's submission that the offence is triable by the Special Court under the Mines and Minerals (Development and Regulation) Act, the Court disposed of the writ petition with liberty to the petitioner to approach the Special Court (return of property otherwise lying under Sections 451/457 CrPC), with no order as to costs.

W.P.No.8101 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2025

CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.8101 of 2025

S.Jayaprakash .. Petitioner

Versus

The Revenue Divisional Officer, O/o. Revenue Divisional Office, Cuddalore Taluk & District.

The Station House Officer, Pudupettai Police Station, Cuddalore District.

.. Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents to release the Ashok Leyland, Tipper Lorry, bearing Number TN.05.C.8830 to the petitioner.

For Petitioner : Mr.K.Raveendran

https://www.mhc.tn.gov.in/judis

For Respondents : Mr.Stalin Abhimanyu,

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Additional Government Pleader, for R1

: Dr.C.E.Pratap, Government Advocate (Crl. Side), for R2

ORDER

This Writ Petition is filed for a mandamus directing the respondents to

release the Ashok Leyland, Tipper Lorry, bearing No.TN.05.C.8830 to the

petitioner and to pass such further or other orders.

The grievance of the petitioner is that the petitioner's lorry was

taken custody by the respondents by claiming that it was involved in

illegally transporting half unit of river sand from Thenpennai river and a

case in Crime No.493 of 2020 was also registered. When the petitioner

approached the jurisdictional magistrate, by an application under Section

451 of the Code of Criminal Procedure, the same was refused. Therefore,

the petitioner is before this Court. https://www.mhc.tn.gov.in/judis

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When the matter is taken up for hearing, the learned Government

Advocate for the second respondent would submit that the petitioner's vehicle was seized pursuant to the case in Crime No.493 of 2020 on the file

of the second respondent and the same was also deposited into the concerned Court vide C.P.No.111 of 2022 and it is for the petitioner to approach the competent Court and get return of the vehicle either under Section 451 of the Code of Criminal Procedure pending trial or under Section 457 of the Code

of Criminal Procedure after the trial is over. The petitioner made an application before the learned Judicial Magistrate No.II, Panruti and an order was passed on 15.09.2022 in Crl.M.P.No.1599 of 2022 directing the petitioner to approach the appropriate Special Court. Since the offence is triable by the Special Court under the Mines and Minerals (Development and Regulation) Act, the petitioner has to file the application under Section

451 of the Code of Criminal Procedure before the appropriate Special Court.

https://www.mhc.tn.gov.in/judis

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W.P.No.8101 of 2025

Therefore, with such liberty kept open to the petitioner to approach

the Special Court, this Writ Petition stands disposed of. There shall be no

order as to costs.

07.03.2025

Neutral Citation : no grs

To

The Revenue Divisional Officer, O/o. Revenue Divisional Office, Cuddalore Taluk & District.

The Station House Officer, Pudupettai Police Station, Cuddalore District.

https://www.mhc.tn.gov.in/judis

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W.P.No.8101 of 2025

D.BHARATHA CHAKRAVARTHY, J.

grs

W.P.No.8101 of 2025

https://www.mhc.tn.gov.in/judis

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07.03.2025

https://www.mhc.tn.gov.in/judis

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