1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.3397 of 2011 C.Venkatachalam : Petitioner Vs 1.The District Revenue Officer, Sivagangai. 2.The Inspector of Police, Civil Supplies Crime Investigation Department, Madurai. : 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 Lorry bearing Reg. No.TCJ-1215 seized by the second respondent on 23.01.2011, to the petitioner. For petitioner : M/s.T.Lenin Kumar For respondents : Mr.K.Balasubramanian Additional Government Pleader ORDER The petitioner has come up with the present writ petition praying for a writ of mandamus to direct the first respondent to release the Lorry bearing Reg.No.TCJ-1215, seized by the second respondent, on 23.01.2011. 2. The case of the petitioner is that he is the owner of the vehicle in question and his driver was engaged by a rice trader of Pudhuvayal to transport 140 bags of Black rice (each contains 50 Kgs). On the way, the second respondent intercepted the vehicle and the driver produced all the bills and documents, in spite of it, the second respondent seized the vehicle along with rice bags on the allegation that the seized rice resembles as PDS rice. 3. On notice, the learned Additional Government Pleader appearing for the respondents submitted that a criminal case is pending and he had pointed out that since, proceedings had been initiated, under Section 6-A of the Essential Commodities Act, 1955, the petitioner has to approach the first respondent for the release of the vehicle concerned. However, without doing so, he has approached this Court, by filing the present writ petition. 4. Considering the above facts and circumstances, in similar cases this Court earlier has passed similar order in W.P.(MD) No.3064 of 2010 dated 18.03.2010, following the same, the respondents are directed to release the vehicle in question, subject to the following conditions:- https://hcservices.ecourts.gov.in/hcservices/ 2 (i) The petitioner shall produce the necessary documents before the first respondent, to establish his ownership of the vehicle in question. (ii) The petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five 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 that he would produce the same, as and when required by the first respondent. (iv) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned. (v) It is made clear that the release of the vehicle in question, by this order, is only an interim measure, as it would be subject to the final order to be passed by the authorities concerned, under Section 6-A of the Essential Commodities Act, 1955. The writ petition is disposed of with the above directions. No costs. SD ASST REGISTRAR ( P AND A ) /TRUE COPY/ SUB ASST REGISTRAR srm To 1.The District Revenue Officer, Sivagangai. 2.The Inspector of Police, Civil Supplies Crime Investigation Department, Madurai. DM:2011::APRIL:05::: Order made in W.P.(MD)No.3397 of 2011 2P:3C:; https://hcservices.ecourts.gov.in/hcservices/