1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.06.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP(MD)No.3865 of 2011 Thangamani :Petitioner -Vs- 1.The District Revenue Officer, Theni. 2.The Inspector of Police, Civil Supplies Crime Investigation Department, Uthamapalayam, Theni District. :Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to release the 45 bags of Black Dhal (each contains 50 Kg) seized by the second respondent on 10.03.2011 to the petitioner. For Petitioner :Mr.T.Lenin Kumar For Respondents:Mr.TR.Janarthanam,Additional Government Pleader ORDER Mr.TR.Janarthanam, learned Additional Government Pleader takes notice on behalf of the respondents. By consent of both sides, this Writ Petition is taken up for final hearing. 2.The petitioner has come forward with the present Writ Petition for a Mandamus directing the first respondent to release the 45 bags of Black Dhal (each contains 50 Kg) seized by the second respondent on 10.03.2011 to him. 3.The petitioner, who is a Grocery shop owner, would only contend that he has purchased 189 bags of rice, 45 bags of Black Dahl, 8 bags of Corn Flour, 10 bags of Kalkandu, and other materials and the Lorry in which the materials were carried, was seized and the materials were also seized stating that some of the goods and the rice resembled PDS goods and in spite of the bills being produced the same was seized. Therefore, he made a representation, on 21.03.2011 to the first respondent praying to release the Black Dhal bags. Though certain things were returned, the Black Dhal bags have not been released. If it is allowed to be continued there, it will be perished. Hence, he has come forward with this Writ Petition. 4.On notice, the learned Additional Government Pleader stated that a case has already been registered and the petitioner has been arrayed as first accused and they are awaiting for the Quality Analysis Certificate. 5.Heard both parties. https://hcservices.ecourts.gov.in/hcservices/ 2 6.The learned counsel appearing for the petitioner would only contend that the material is allowed to be kept there, it will be deteriorated and it will be of no use to any one. Hence, he is prepared to provide necessary safeguards including immovable property guarantee for the due repayment. 7.In this connection, he would also rely upon the Judgment of this Court in W.P.(MD).No. 4954 of 2010, wherein this Hon'ble Court directed to release the materials on execution of immovable property guarantee. 8.Though the learned Additional Government Pleader objected to the same, taking into consideration the value of the material, the same may be set at naught, following the earlier order of this Hon'ble Court, as the value of the material is Rs.86,000/-, this Court is inclined to direct the first respondent to release the 45 bags of Black Dhal (each contains 50 Kg) seized from the petitioner, if they have not been so far disposed of subject to the petitioner furnishing immovable property security to the entire quantity of the seized Balck Dhal at the rate of Rs.100/- per kg. Such immovable property as security shall be situated at Theni District. (Value of immovable property should be more than 45 x 50 kg x 100 = Rs.2,25,000/- or more). 9.With the above said direction, this Writ Petition is ordered. No costs. Sd/- Deputy Registrar (Accounts) / TRUE COPY / Assistant Registrar To: 1. The District Revenue Officer, Theni. 2. The Inspector of Police, Civil Supplies Crime Investigation Department, Uthamapalayam, Theni District. +1CC to The Special Government Pleader. SR.No.18431. Vsg RP/22.06.2011/2P/4C. W.P.(MD).No.3865 of 2011 13.06.2011 https://hcservices.ecourts.gov.in/hcservices/