1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)No.14393 of 2011 T.Mahalingam .. Petitioner vs. 1.The District Revenue Officer, Trichy. 2.The Inspector of Police, C.S.CID, Trichy. .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to release the petitioner's Two Wheeler bearing Reg.No.TN-45-AE-9798 seized by the second respondent on 28.11.2011. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.M.Alagadhevan Spl.Govt.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 petitioner's Two Wheeler bearing Reg.No.TN-45-AE-9798 seized by the second respondent on 28.11.2011. 2. Heard Mr.T.Lenin Kumar, learned counsel for the petitioner and Mr.M.Alagadhevan, 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-45-AE-9798 and while he was plying the vehicle on 28.11.2011, the second respondent seized the vehicle on the allegation that the vehicle was used to transport 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 Commodities Act, 1955 is contemplated against the petitioner. Nevertheless, the vehicle in question need not be stationed with the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 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 respondents to establish the ownership of the vehicle in question; (ii) The petitioner shall deposit a sum of Rs. 1,000/- (Rupees (*)One 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; and (v) 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. However, there will be no order as to costs. Sd/-20/12/2011 Deputy Registrar (Writs) (*)(Amended as per order of this Court dated 10.10.2012 in MP(MD)No.1 of 2012 in WP(MD)No.14393 of 2011 by K.K.S.J) Sd/- 12/01/2012 Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To (*)(To be substituted for the order already despatched on 20.12.2011) 1.The District Revenue Officer, Trichy. 2.The Inspector of Police, C.S.CID, Trichy. +1 CC to Special Government Pleader (SR.No.44341) +1CC TO M/S.T.LENIN KUMAR, ADVOCATE, SR : 972 W.P.(MD)No.14393 of 2011 16.12.2011 MPK NSV/20.12.11/2P/4C SR : 12.01.2012 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/