1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2011 CORAM: THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P(MD)No.328 of 2011 A.Johnson ..Petitioner Vs. 1.The District Revenue Officer,Kanyakumari. 2.The Inspector of Police, Civil Supply CID, Kuzhithurai at Nagercoil, Kanyakumari District. .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the 1st respondent to release the seized lorry bearing Registration No.TN 30 U 3702 seized by the 2nd respondent on 19.11.2010 to the petitioner. For Petitioner : Mr.A.Dennison For Respondents : Mr.K.A.Nandagopalan, Addl.Govt.Pleader O R D E R The petitioner seeks a Writ of Mandamus directing the first respondent to release the lorry bearing Registration No.TN 30 U 3702, which was seized by the 2nd respondent on 19.11.2010. 2.The petitioner is stated to be the registered owner of the lorry bearing Registration No.TN-30-U 3702. The said lorry was seized by the second respondent on allegation that the vehicle was used for transportation of PDS rice. The seizure was on 19.11.2010. Though the petitioner made a representation before the first respondent to release the vehicle, the said authority has not passed any orders in the said application. This made the petitioner to file the writ petition for issuance of a Writ of Mandamus. 3.The Inspector of Police, Civil Supply Criminal Investigation Department, Kuzhithurai Unit, Nagercoil, filed a counter in answer to the contention raised in the affidavit filed in support of the Writ Petition. According to the Inspector of Police, the Vehicle was plying from Kulapuram to Parasalay in the border of Kerala and Tamil Nadu and it was checked by the Sub-Inspector of Police, Kanyakumari Police Station, at 20.00 hrs on 16.11.2010. The vehicle was inspected by the officials and it was found that the lorry was loaded with 210 bags each 50 Kgs of PDS rice. Accordingly, a case in Crime No.833 of 2010 was registered against the petitioner and others under Sections 6(4) of TNSC (RDCS) Order 1982 r/w 7(1)a(ii) of EC Act 1955. The samples of the rice were sent to the quality analysis test centre and the case was transferred to the Civil Supplies C.I.D., Kuzhithurai at Nagercoil. The Regional laboratory, Kappukadu Godown, Kanyakumari District certified that what was smuggled https://hcservices.ecourts.gov.in/hcservices/ 2 was nothing but PDS rice. Accordingly, the Inspector of Police prayed for dismissal of the Writ Petition. 4.The issue regarding release of the vehicle is a matter to be decided by the statutory authority. The vehicle was produced before the District Revenue Officer, Kanyakumari District along with the First Information Report. It is true that the petitioner has given a representation before the Inspector of Police, Civil Supply CID at Nagercoil for the purpose of releasing the vehicle. However the authority to release the vehicle is none other than the District Revenue Officer. Therefore, I am of the view that interest of justice would be sub served in case liberty is given to the petitioner to approach the District Revenue Officer, Kanyakumari. 5.Accordingly, the petitioner is granted liberty to make an application before the District Revenue Officer, Kanyakumari, seeking release of vehicle bearing Registration No.TN 30 U 3702 and in the event of submitting any such application within a period of one week from the date of receipt of a copy of this order, the same shall be considered and disposed of by the DRO as expeditiously as possible and in any case within a period of three days thereafter. 6.The learned Government pleader would submit that the District Revenue Officer is on leave. Since the Collector is incharge of the matter, the District Collector, Kanyakumari, is directed to consider the application on behalf of the DRO and pass appropriate orders, as indicated above. 7.The Writ Petition is disposed of with the above directions. No costs. SD DEPUTY REGISTRAR (WRITS) /TRUE COPY/ ASST REGISTRAR MPK TO: 1.The District Collector, Kanyakumari District At Nagercoil. 2.The District Revenue Officer, Kanyakumari at Nagercoil. 3.The Inspector of Police, Civil Supply CID, Kuzhithurai at Nagercoil, Kanyakumari District. 1CC TO MR. A. DENNISON, ADVOCATE, SR: 2568: 1CC TO THE SPL. GOVT PLEADER SR: 2778: DM:2011:JANURARY:24: W.P(MD)No.328 of 2011 22.01.2011 2P:6C:; https://hcservices.ecourts.gov.in/hcservices/