1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.1299 of 2011 M.Surendaran ... Petitioner Vs. 1.The District Revenue Officer, O/o.Collectorate, Madurai District, Madurai. 2.The Inspector of Police, Civil Supplies, CID, Madurai. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent herein to release 35 bags of Andra Pradesh broken raw rice (each 50 Kgs) seized on 18.01.2011 by the 2nd respondent at Munichalai, Obulapadi Thurai, near Jai Jawahar Avil Pattarai, Madurai to the petitioner. For Petitioner : Mr.T.Vadivelan For Respondents : Mr.T.R.Janarthanam, Additional Government Pleader. ORDER The petitioner would contend that he has purchased 20 quintals of Andhra Pradesh broken rice from VRT Traders as per Bill No.690, dated 14.01.2011 and it was entrusted at flour mill for grinding. But it was seized from the flour mill and a case was registered in Crime No.23 of 2011 as it was suspected to be P.D.S rice. His contention is that he is the lawful owner of the property and it is not P.D.S rice and therefore, he has filed writ petition seeking for the return of goods. 2.Learned Additional Government Pleader filed a detailed counter affidavit stating that it is P.D.S rice and it cannot be returned and further stated in the counter that the matter is pending for further investigation and they would contend that there is no illegality in the seizure and all the necessary procedures were followed in the case registered in Crime No.23 of 2011. 3.Learned counsel for the petitioner brought to the notice of this Court that in similar circumstances, this Court has passed order directing to release goods on furnishing bank guarantee or immovable property security for the release of the rice at the rate of Rs.35/- per kg. In this case, the seized rice bags are 35 each containing 50 Kgs. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Considering the fact that this Court in similar circumstances, in various cases, has passed orders in W.P.Nos.10161 and 10162 of 2009, dated 09.10.2009 and taking into consideration the limited scope of the writ petition, the first respondent is directed to return the rice bags to the petitioner, if they have not already been disposed of or sold, till date and if there is no other legal impediment exists on the petitioner furnishing bank guarantee for a period of three years at Rs.35/- per kg for the 35 bags of rice. On such furnishing of bank guarantee and with an undertaking that it will be renewed till the disposal of the criminal case by the petitioner, the rice bags will be released, within a period of two weeks thereafter. 5.With the above direction, the writ petition is disposed of. No costs. sms Sd/- Deputy Registrar[LA] /True copy/ Assistant Registrar To 1.The District Revenue Officer, O/o.Collectorate, Madurai District, Madurai. 2.The Inspector of Police, Civil Supplies, CID, Madurai. +1 cc to the Special Government Pleader, SR.No.17461. +1 cc to Mr.T.Vadivelan, Advocate SR.No.17351. Writ Petition (MD)No.1299 of 2011 Dated:07.06.2011 2P/5C RPB 09.06.2011[I.T.] https://hcservices.ecourts.gov.in/hcservices/