J.Lingeswaran Vs The Government of Tamil Nadu

PRAYER : Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the fifth respondent dated 16.02.2025 and quash the same and further direction to respondents 2 to 5 to handover the vehicle Royal Enfield Bike bearing Reg.No.TN10BR5248 now in the custody of the fifty respondent forthwith.

¶19

For Petitioner : Mr.V.Raghavachari, Senior Counsel for Mr.K.Balakrishnan

¶20

For Respondents : Mr.R.Vinothraja

¶21

1/8

¶22

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

¶23

W.P.Crl.No.823 of 2025 Government Advocate (Criminal Side)

¶24

O R D E R

¶25

It is the contention of the learned Senior Counsel appearing for the petitioner that this Court, in respect of the same matter, while dismissing W.P.No.14667 of 2025 dated 29.04.2025, had observed that if the petitioner paid the fine amount, the fifth respondent herein would release the vehicle. Accordingly, the petitioner, without prejudice to his right, is ready to pay the fine and has sought for a direction to be issued to the respondent Police to release the vehicle.

¶26

In view of the above, the petitioner shall pay the fine amount without prejudice to his right to contest the matter and upon such payment being made by the petitioner, the authorities concerned shall return the petitioner's vehicle.

¶27

Post on 04.11.2025.

¶28

26.09.2025

¶29

ham

¶30

Neutral Citation:Yes/No

¶31

To

¶32

The Secretary, Home Department, Fort St.George, Chennai – 600 009.

¶33

2/8

¶34

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

¶35

W.P.Crl.No.823 of 2025

¶36

The Commissioner of Police, No.132, EVK Sampath Road, Vepery, Chennai – 600 007.

¶37

The Deputy Commissioner of Police, T. Nagar Circle, Thyagaraya Nagar, Chennai – 600 017.

¶38

The Assistant Commissioner of Police, E3, Teynampet Police Station, Teynampet, Chennai – 600 018.

¶39

The Inspector of Police, R4, Pondy Bazaar Police Station, Pondy Bazaar, Chennai – 600 017.

¶40

The Public Prosecutor, High Court of Madras.

¶41

3/8

¶42

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

¶43

W.P.Crl.No.823 of 2025

¶44

N. SATHISH KUMAR, J.

¶45

ham

¶46

W.P.Crl.No.823 of 2025 and W.M.P.Crl.Nos.367 & 368 of 2025

¶47

26.09.2025

¶48

4/8

¶49

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

¶50

W.P.Crl.No.823 of 2025

¶51

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶52

DATED: 09-01-2026

¶53

CORAM

¶54

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA

¶55

WP Crl. No. 823 of 2025 and WPMP.Crl.Nos.367 and 368 of 2025

J.Lingeswaran

..Petitioner

Vs

The Government of Tamil Nadu, Rep. by the Secretary, Home Department, Fort. St.George, Chennai - 600 009.

¶60

The Commissioner of Police, No.132, E.V.K.Sampath Road, Vepery, Chennai - 600 007.

¶61

The Deputy Commissioner of Police, T.Nagar Circle, Thyagaraya Nagar, Chennai – 600017.

¶62

The Assistant Commissioner of Police, E3, Teynampet Police Station, Teynampet, Chennai - 600 018.

¶63

The Inspector of Police, R4, Pondy Bazaar Police Station, Pondy Bazaar, Chennai - 600 017. ..Respondent(s)

¶64

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the Inspector of Police, Law and Order, R4, Pondy Bazaar Police Station, T.Nagar, Chennai - 600 017, 5th respondent herein, dated 16.02.2025 and quash the same and further direction to the respondents 2 to 5 to handover the vehicle Royal Enfield Bike bearing Reg.No.TN 10 BR 5248 now in the custody of the 5th respondent forthwith.

¶65

5/8

¶66

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

¶67

W.P.Crl.No.823 of 2025

¶68

For Petitioner(s): Mr.K.Balakrishnan For Respondent(s): Mr.S.Santhosh Government Advocate (Criminal Side)

¶69

ORDER

¶70

This Court, by order dated 26.09.2025 in W.P. Crl. No.823 of 2025, directed the petitioner to pay the fine amount without prejudice to his right to contest the matter and that upon such payment, the authorities concerned shall return the petitioner's vehicle.

¶71

The grievance of the learned counsel for the petitioner is that in

¶72

the order dated 21.11.2025 closing this writ petition, at paragraph 4, the clause that the petitioner shall pay the fine amount without prejudice to his right to contest the matter is missing. Hence, this matter is listed today under the caption "for being mentioned".

¶73

(emphasis supplied)

¶74

Concurring with the submission made by the learned counsel

¶75

for the petitioner, paragraph 4 of the order dated 21.11.2025 shall stand substituted as under:

¶76

"4. The petitioner is directed to pay the fine amount without prejudice to his right to contest the matter and produce the receipt for payment before the 5th respondent. On receipt of such payment, the fifth respondent shall release the vehicle."

¶77

09-01-2026

¶78

6/8

¶79

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

¶80

W.P.Crl.No.823 of 2025

¶81

Note: Registry is directed to carry out the aforesaid corrections in the order dated 21.11.2025 and issue fresh order copy.

¶82

SRM