Madras High Court
Charles John vs The District Collector on 1 June, 2021
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam, S.Ananthi
W.P(MD)No.9132 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.P(MD)No.9132 of 2021
Charles John ... Petitioner
Vs.
1.The District Collector,
Kanyakumari District,
Nagercoil.
2.The Superintendent of Police,
Kanyakumari District,
Nagercoil.
3.The Inspector of Police,
Kaliyakavilai Police Station,
Kaliyakavilai,
Kanyakumari District. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, directing respondents 1 and 2
to remove the dumbed material of the 3rd respondent from the frontage portion
of petitioner's house property with bearing Door No.3/69A in Sy.No.618/4 and
618/49 in Parasalai Village in Neiyatrinkarai Taluk, Thiruvanandhapuram
District, State of Kerala, to have a smooth access over his property, on the basis
of his representation dated 18.01.2021, within time stipulated by this Court.
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W.P(MD)No.9132 of 2021
For Petitioner : Mr.P.M.Vishnuvarthanan
For Respondents : Mr.A.K.Manickam
Standing Counsel for Government
ORDER
[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.P.M.Vishnuvarthanan, learned Counsel for the petitioner and Mr.A.K.Manickam, learned Standing Counsel, who accepts notice for the respondents.
2.The petitioner by way of this Writ Petition seeks for a direction upon the third respondent to remove the dumped vehicles, which have been seized by the third respondent Police. A representation has been sent on 18.01.2021. Till date, no action has been initiated.
3.From the photograph placed in Page No.1 of the typed set of papers, We are, prima facia, able to see that the seized vehicles, which are in rusted condition, have been dumped one over another and this is abutting the petitioner's property and the petitioner states that it also affects the ingress and egress.
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4.In any event, the respondent police have to dispose of the seized vehicles at appropriate time. However, if the seized vehicles are required as case property before the Criminal Court, then appropriate steps to be taken to safeguard the vehicles. But, they cannot be dumped, as done in the instant case. Therefore, We direct the second respondent to immediately look into the matter and issue appropriate directions to the third respondent, so that the entire dumped vehicles, which are scrapped, to be removed from the said place not later than 30.06.2021.
5.With the above directions, this Writ Petition is disposed of. No costs.
[T.S.S., J] [S.A.I., J] 01.06.2021 Index : Yes / No Internet : Yes / No mm/cmr 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.
https://www.mhc.tn.gov.in/judis/ 3/5 W.P(MD)No.9132 of 2021 To
1.The District Collector, Kanyakumari District, Nagercoil.
2.The Superintendent of Police, Kanyakumari District, Nagercoil.
3.The Inspector of Police, Kaliyakavilai Police Station, Kaliyakavilai, Kanyakumari District.
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and S.ANANTHI,J.
mm/cmr ORDER MADE IN W.P(MD)No.9132 of 2021 01.06.2021 https://www.mhc.tn.gov.in/judis/ 5/5