1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.1975 of 2011 Karnan : Petitioner Vs. 1.The District Revenue Officer, Trichy. 2.The Inspector of Police, C.S.CID, Trichy. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to release the Mini Dor Auto bearing Reg.No.TN-45-AD-6984, seized by the second respondent on 11.01.2011 to the petitioner. For Petitioner :Mr.T.Lenin Kumar For Respondents :Mr.K.A.Nandagopan Additional Government Pleader O R D E R ********** Learned Additional Government Pleader takes notice on behalf of the respondents. 2. The petitioner seeks a direction to the first respondent to release the Mini Dor Auto bearing Reg.No.TN-45-AD-6984, seized by the second respondent on 11.01.2011 alleging violation of provisions of the Essential Commodities Act. 3. The petitioner is stated to be the registered owner of the vehicle bearing Reg.No.TN-45-AD-6984. The driver of the vehicle was engaged by a rice trader at Trichy to transport 24 bags of open market rice. While the vehicle was in transit on 11.01.2011, it was intercepted by the second respondent. The second respondent seized rice bags alleging that it was PDS rice. Accordingly, a case in Crime No.35 of 2011 was registered before the Civil Supply CID Police, Trichy and the First Information Report along with the vehicle was produced before the first respondent. The petitioner seeks interim custody of the vehicle. 4. The question as to whether interim custody of the vehicle is to be given to the petitioner is a matter to be considered by the first respondent. The petitioner has already given a representation dated 01.02.2011 to the first respondent. However, there is nothing on record to show that it was received by the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Under the said circumstances, I am of the view that interest of Justice would be sub-served, in case liberty is given to the petitioner to approach the first respondent. 6. Accordingly, the petitioner is permitted to make an application before the first respondent to release the vehicle by way of interim custody, pending statutory proceeding, within two weeks from the date of receipt of a copy of this order and in the event of filing any such application, the same shall be considered and disposed of by the first respondent, on merits and as per law, within two weeks thereafter. 7. The Writ Petition is disposed of with the above direction. No costs. rj2 Sd/- Deputy Registrar[LA] /Tur ecopy/ Assistant Registrar To 1.The District Revenue Officer, Trichy. 2.The Inspector of Police, C.S.CID, Trichy. +1 cc to Mr.T.Lenin Kumar, Advocate SR.No.9295. W.P.(MD)No.1975 of 2011 Dated:22.02.2011 2P/4C RPB 24.02.2011[I.T.] https://hcservices.ecourts.gov.in/hcservices/