1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD).No.3449 of 2011 A.Sikkandar Shakila : Petitioner Vs. 1.The District Revenue Officer, Virudhunagar. 2.The Inspector of Police, Civil Supplies, Crime Investigation Department, Virudhunagar. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to release the van bearing Registration No.TN-63-Z-4681 seized by the second respondent on 08.11.2010 the petitioner. For Petitioner : Mr.T.Lenin Kumar 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 is taken up for final disposal at the stage of admission itself. 2. The petitioner has come up with the present Writ Petition for a Mandamus, directing the first respondent to release the van bearing Registration No.TN-63-Z-4681 seized by the second respondent on 08.11.2010 to her. 3. It is the case of the petitioner that she is the owner of the vehicle in question and while her driver was plying the vehicle on 08.11.2010, the second respondent seized the vehicle along with 61 bags of rice on the allegation that the seized rice bags resemble as 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, 1955 is contemplated against the petitioner. Nevertheless, the vehicle in question need not be stationed with the respondents. Hence, I am inclined to direct the respondents to release the vehicle in question https://hcservices.ecourts.gov.in/hcservices/ 2 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 give an undertaking that she will not use the vehicle for any illegal activities in future and shall produce the same as and when required by the first respondent; (iv) On doing so, the vehicle in question shall be returned to the petitioner; (v) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned." 5. The Writ Petition stands ordered accordingly. No costs. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1.The District Revenue Officer, Virudhunagar. 2.The Inspector of Police, Civil Supplies, Crime Investigation Department, Virudhunagar. ORDER MADE IN W.P.(MD).No.3449 of 2011 Dated:- 24.03.2011 SML PAM 08.04.2011/3C/2P https://hcservices.ecourts.gov.in/hcservices/