1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.3212 of 2011 Meena Sundaram : 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 Lorry bearing Reg.No. TN-67-W-5431 seized by the second respondent, on 10.03.2011, to 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 for the respondents. By mutual consent of both sides, the Writ Petition is taken up for final disposal. 2. The petitioner has come forward with this Petition praying to direct the first respondent to release the Lorry bearing Reg.No. TN-67-W-5431 seized by the second respondent, on 10.03.2011, to the petitioner. 3. It is the case of the petitioner that while he was plying the vehicle on10.03.2011, the second respondent seized the vehicle, on the allegation that the vehicle was carrying 76 bags of 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 petitoner. 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 conition. The same is followed here also excepting that as https://hcservices.ecourts.gov.in/hcservices/ 2 the vehicle is a lorry a sum of Rs.25,000/- is paid. Hence, I am inclined to direct the respondents to release the 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. 25,000/- (Rupees Twenty Five 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/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1. The District Revenue Officer, Theni 2. The Inspector of Police Civil Supplies Crime Investigation Department, Uthamapalayam Theni District +one cc to Special Government Pleader, Sr.No. 7381 W.P.(MD).No.3212 of 2011 21.03.2011 vsg SMA/29.03.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/