1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Appeal (MD)No.620 of 2011 and M.P.(MD)No.1 of 2011 M.Surendran ... Appellant/Petitioner Vs. 1.The District Revenue Officer, Collectorate, Madurai District, Madurai. 2.The Inspector of Police, Civil Supplies CID, Madurai. ... Respondents/Respondents Writ Appeal under Clause 15 of Letters Patent against the order of the learned Single Judge, dated 07.06.2011, made in W.P. (MD)No.1299 of 2011. For Appellant : Mr.C.Mayil Vahana Rajendran For Respondents : Mr.R.Anandharaj, Government Advocate. JUDGMENT [Judgment of the Court was delivered BY K.N.BASHA, J] The appellant has come forward with this writ appeal against the order of the Writ Court, dated 06.06.2011, made in W.P. (MD)No.1299 of 2011, seeking for a modification of the order of the Writ Court directing the release of rice bags, fixing Rs.35/- per kg. of rice, containing in 35 bags, each bag containing 50 kgs., by furnishing bank guarantee for such an amount. 2.Mr.Mayil Vahana Rajendran, learned counsel for the appellant would submit that the value of the rice, fixed by the writ court at Rs.35/- per kg., is on the higher side and, therefore, the same may be fixed at Rs.15/- per kg. of rice, contained in 35 kgs. It is submitted that each bag contains 50 kgs. of rice. The learned https://hcservices.ecourts.gov.in/hcservices/ 2 counsel for the appellant seeks only such a modification in the order passed the writ court. 3.Heard Mr.Anandharaj, learned Government Advocate, on the submissions made by the learned counsel for the appellant. 4.We have considered the submissions made by the counsel on either and perused the materials available on record. 5.The fact remains that the appellant is only seeking a modification of the order passed by the writ court for the return of 35 rice bags seized by the 2nd respondent on the allegation that the said rice bags contained PDS Rice and the appellant transported the same. It is seen that the writ court has passed an order directing the respondents to release the rice bags, by fixing the price of the rice at Rs.35/- per kg., on the appellant furnishing bank guarantee to the value of the rice contained in 35 bags. The appellant seeks the relief of reduction of the value of rice fixed by the Writ Court. We are of the view that the relief sought for by the appellant is reasonable one. 6.Accordingly, the order passed by the writ court is hereby modified to the effect of fixing Rs.15/- per kg. of rice, instead of Rs.35/- per kg., for the 35 rice bags, each bag containing 50 kgs. The said rice bags shall be released by the respondents, on the appellant furnishing bank guarantee or immovable property guarantee, for the value of rice contained in 35 bags, calculated at the rate of Rs.15/- per kg. Such guarantee shall be intially for a period of two years. It is made clear that the immovable property, that may be furnished as guarantee, should be free from all encumbrances. In all other aspects, the order of the writ court shall stand unaltered. 7.The Writ Appeal is ordered accordingly. No costs. Connected M.P.(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To: 1.The District Revenue Officer, Collectorate, Madurai District, Madurai. 2.The Inspector of Police, Civil Supplies CID, Madurai. +1cc to the Special Govt.Pleader, Sr.No.44588 gb ssk/02.01.2012 /4c -2p/- Judgment in W.A.(MD)No.620 of 2011 and M.P.(MD)No.1 of 2011 Dated:19.12.2011 https://hcservices.ecourts.gov.in/hcservices/