1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.4308 of 2011 T.Madasamy ... Petitioner Vs 1.(*) The District Revenue Officer, District Collectorate Campus, Korampallam, Palayamkottai Road, Thoothukudi, Thoothukudi District. 2.The Inspector of Police, C.S.C.I.D, Thoothukudi, Thoothukudi District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to release petitioner's Light Motor Vehicle Swaraj Mazda Van bearing Regn.No.TN-76-W-2848 seized on 01.01.2011 by the second respondent and hand over the same to the petitioner. For Petitioner : Mr.A.Thiruvadikumar For Respondents: Mr.K.Balasubramanian, Additional Government Pleader. O R D E R Mr.K.Balasubramanian, learned Additional Government Pleader takes notice on behalf of the respondents. By consent, the Writ Petition itself is taken up for final disposal at the admission stage. 2.The petitioner has come forward with this Petition praying to direct the first respondent to release petitioner's Light Motor Vehicle Swaraj Mazda Van bearing Regn.No.TN-76-W-2848 seized on 01.01.2011 by the second respondent and hand over the same to the petitioner. 3.It is the case of the petitioner that while he was plying the vehicle on 01.01.2011, the second respondent seized the vehicle, on the allegation that the vehicle was transported PDS rice. According to the petitioner, so far, no proceeding was initiated against the petitioner under the Essential Commodities Act. 4.On notice, the learned Additional Government Pleader would submit that a proceeding under Section 6-A of the Essential Commodities Act, is contemplated against the petitioner. Nevertheless, the vehicle in question need not be stationed with the respondents. In similar matter, this Court in W.P.(MD).No.3064 of 2010, by order dated 18.03.2010 has released the vehicle with the following condition. The same is followed here also excepting that as the vehicle is a van a sum of Rs.10,000/- is paid. Hence, I am inclined to direct the respondents to release the https://hcservices.ecourts.gov.in/hcservices/ 2 vehicle in question to the petitioner on the following conditions:- "(i)The petitioner shall produce documents before the first respondent to establish the ownership of the vehicle in question; (ii)The petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) with the first respondent; (iii)The petitioner shall given an undertaking that he will not use the vehicle for any illegal activities in future and shall produce the same as and when required by the first respondent; and (iv)The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned. 5.The Writ Petition is ordered accordingly. No costs. Sd/- Deputy Registrar (Accounts) (*)Amended as per order dated 4.5.2011 made in MP(MD)NO.1 of 2011 in WP(MD)No.4308/2011 /True copy/ Assistant Registrar To To be Substituted for the order already despatched 1.(*) The District Revenue Officer, District Collectorate Campus, Korampallam, Palayamkottai Road, Thoothukudi, Thoothukudi District. 2.The Inspector of Police, C.S.C.I.D, Thoothukudi, Thoothukudi District. +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.15111 +1cc to Mr.A.Thiruvadikumar Advocate, Sr.No.16453 sms SR : 03.05.2011 : 2p/4c SMA/05.05.2011/5C/2P(Amended) W.P.(MD)No.4308 of 2011 https://hcservices.ecourts.gov.in/hcservices/