1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.3234 of 2011 C.Vadivelraj : Petitioner Vs. 1. The District Revenue Officer Tuticorin 2. The Inspector of Police Kovilpatti West Police Station Tuticorin 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 Tempo bearing Reg.No. TN-05-P-2337 seized on 29.07.2010 by the second respondent, to the petitioner. For petitioner : Mr.T.Lenin Kumar For Respondents : Mr.K.Balasubramanian Additional Government Pleader ORDER 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 Tempo bearing Reg.No. TN-05-P-2337 seized on 29.07.2010 by the second respondent, to the petitioner. 3. It is the case of the petitioner that while he was plying the vehicle on 29.07.2010, the second respondent seized the vehicle, on the allegation that the vehicle was carrying 30 bags of open market rice (each contains 50 Kg). 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 petitioner. 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 condition. The same is followed here also excepting that https://hcservices.ecourts.gov.in/hcservices/ 2 as the vehicle is a Tempo a sum of Rs.10,000/- 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. 10,000/- (Rupees Ten 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 (P&A) /True Copy/ Sub Assistant Registrar To 1. The District Revenue Officer Tuticorin. 2. The Inspector of Police Kovilpatti West Police Station, Tuticorin District. +1cc to Mr.T.Lenin Kumar, Advocate SR.No.8295 vsg akm/1.04.11 /2p-4c/ W.P.(MD).No.3234 of 2011 https://hcservices.ecourts.gov.in/hcservices/