Iyappan v. The Superintendent of Police

ORDER Heard Mr.P.Sujai Krishana learned counsel for the petitioner and Mr.G.Ganesh Kumar, learned Government Advocate (Crl.side), for the respondents.

2.This writ petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondents.

3.This writ petition has been filed for a Mandamus to direct the respondents to release the petitioner's vehicle (Hero Splendor Bike) bearing Reg.No.TN 96 J 4836.

4.It is informed by the learned counsel for the petitioner that the seized vehicle till date has not been produced before the Magistrate Court for the petitioner to move an appropriate application for return of the same.

5.The learned Government Advocate (Crl.side), on the other hand, would submit that the respondents are proposing to initiate proceedings to order confiscation of the seized motor cycle, which was involved in carrying on liquor contrary to the provisions of the Tamil Nadu Prohibition Act, 1937, attracting Sections 4(1)(c), 4(1)(A) and 14(A).

6.The learned Government Advocate (Crl.side) has also produced a copy of a intimation letter, which has been pasted at the petitioner's premises.

7.The vehicle was seized on 08.05.2026. I see no point in keeping the vehicle seized to allow it deteriorate under the respondents. Therefore, I direct the respondents to release the vehicle subject to the conditions as ordered by this Court in the earlier round of litigation in Vijay Vs. The Revenue Divisional Officer, Kumbakonam and others, W.P.(MD) No.12408 of 2020, dated

23.09.2020.

8.The release of vehicle is also subject to the confiscation proceeding to be initiated and proceeded as against the petitioner. It is made clear that in case confiscation is ordered, the petitioner shall surrender the vehicle to the respondents forthwith.

9.The Writ Petition stands disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petition is closed. Index : Yes / No

29.06.2026 Internet : Yes / No mm To

1.The Superintendent of Police, Thoothukudi District.

2.The Additional Superintendent of Police, (Prohibition and Enforcement Wing) Thoothukudi District.

3.The Deputy Superintendent of Police, Vilathikulam.

4.The Inspector of Police, Vilathikulam.

C.SARAVANAN, J.

mm

29.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2026 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN and WMP(MD) No.12447 of 2026 Iyappan ... Petitioner /vs./ 1.The Superintendent of Police, Thoothukudi District. 2.The Additional Superintendent of Police, (Prohibition and Enforcement Wing) Thoothukudi District. 3.The Deputy Superintendent of Police, Vilathikulam. 4.The Inspector of Police, Vilathikulam. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to release the Hero Splendor + bike of the petitioner bearing Reg.No.TN 96 J 4836 pertaining to the case in Crime No.272 of 2026 on the file of the fourth respondent. For Petitioner : Mr.P.Sujai Krishana For Respondents : Mr.G.Ganesh Kumar Government Advocate (Crl.side)