1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01-11-2011 CORAM: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.12284 of 2011 K.Shanmugam .. Petitioner vs. 1.The District Revenue Officer, Tirunelveli. 2.The Inspector of Police, Civil Supplies CID, Tirunelveli. .. 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 lorry bearing Registration No.TN-09-E-6860 seized by the second respondent on 11.7.2011. For Petitioner : Mr.D.Venkatesh For Respondents : Mr.R.Karthikeyan, Addl. 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 lorry bearing Registration No.TN-09-E-6860 seized by the second respondent on 11.7.2011. 2. Heard Mr.D.Venkatesh, learned counsel for the petitioner and Mr.R.Karthikeyan, learned Additional 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-09-E-6860 and while he was plying the vehicle on 11.7.2011, the second respondent seized the vehicle on the allegation that the petitioner was transporting diesel adulterated with 150 liters of kerosene. 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 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. 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; https://hcservices.ecourts.gov.in/hcservices/ 2 (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. The writ petition is ordered accordingly. However, there will be no order as to costs. Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar(CS) To 1.The District Revenue Officer, Tirunelveli. 2.The Inspector of Police, Civil Supplies CID, Tirunelveli. +1cc to Mr.D.Venkatesh, Advocate, SR.No.37342 +1cc to Special Government Pleader,Sr.No.37592 Svn GH : 10.11.2011 : 2p/5c W.P.(MD)No.12284 of 2011 01-11-2011 https://hcservices.ecourts.gov.in/hcservices/