1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED::20.10.2011 CORAM :: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.12036 of 2011 K. Murugesan, S/o. Kalimuthu, 2560, Housing Board, Mela Anuppanadi, Madurai - 9. ...... Petitioner – Vs - 1. The District Revenue Officer, Madurai. 2. The Inspector of Police, CS. CID, Madurai. ...... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to release the Van bearing Reg.No.TN-59-AZ-3511 seized by the second respondent on 26.07.2011. For Petitioner :: Mr. T. Lenin Kumar For Respondents :: Mr. B. Pugalendhi Special Government Pleader - - - - - - O R D E R The petitioner has come up with the above writ petition, seeking a Mandamus to direct the first respondent to release the Van bearing Reg.No.TN-59-AZ-3511 seized by the second respondent on 26.07.2011. 2. Heard Mr. T. Lenin Kumar, learned counsel for the petitioner and Mr. B. Pugalendhi, learned Special Government Pleader for the Respondents. 3. It is the case of the petitioner that he is the owner of the vehicle in question bearing Registration No.TN-59-AZ-3511 and while his driver was plying the vehicle on 26.07.2011, the second respondent seized the vehicle along with 31 bags of open market rice (each contains 50 Kg) on the allegation that the seized rice resemble as PDS rice. According to the petitioner, so far, no proceeding was initiated against the petitioner under the Essential Commodities Act. 4. On notice, the learned Special Government Pleader submitted that a proceeding under Section 6(A) of the Essential https://hcservices.ecourts.gov.in/hcservices/ 2 Commodities Act, 1955 is contemplated against the petitioner. Nevertheless, the vehicle in question need not be stationed with the respondents. 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 give 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; iv.On doing so, the vehicle in question shall be returned to the petitioner; v. The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned". 5. This writ petition is ordered accordingly. However, there will be no order as to costs. Dpn /- Sd/- Assistant Registrar[AE] /True copy/ Sub Assistant Registrar To: 1. THE DISTRICT REVENUE OFFICER, MADURAI. 2. THE INSPECTOR OF POLICE, CS. CID, MADURAI. MADURAI DISTRICT. +1 CC TO M/S.T.LENIN KUMAR, ADVOCATE SR.NO.36379. W.P(MD)No.12036 of 2011 Dated:20.10.2011 2P/4C RPB : 20.10.2011 https://hcservices.ecourts.gov.in/hcservices/