1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2011 CORAM: THE HONOURABLE MR. JUSTICE V.RAMASUBRAMANIAN Writ Petition (MD) No.14031 of 2011 Kaliraj .. Petitioner vs. 1.The District Revenue Officer, Virudhunagar. 2.The Inspector of Police, C.S.CID, Virudhunagar. .. Respondents 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 petitioner's Two Wheeler bearing Reg.No.TN-67-L-9154 seized by the second respondent on 13.5.2011. For Petitioner : Mr.T.Lenin Kumar For respondents : Mr.R.Karthikeyan, Addl.Govt.Pleader ORDER 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-67-L-9154 seized by the second respondent on 13.5.2011. 2. Heard Mr.T.Lenin Kuamr, 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-67-L-9154 and when the vehicle was parked in front of his house on 13.5.2011, the second respondent seized vehicle on the allegation that the petitioner had carried PDS rice on 12.5.2011. 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; (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 that vehicle for any illegal activities in future and https://hcservices.ecourts.gov.in/hcservices/ 2 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 ASST REGISTRAR ( AS ) /TRUE COPY/ SUB ASST REGISTRAR asvm To 1.The District Revenue Officer, Virudhunagar. 2.The Inspector of Police, C.S.CID, Virudhunagar. 1CC TO THE SPL. GOVT PLEADER SR: 43242: DM:2011:DEC:16:: W.P.(MD) No.14031 of 2011 09.12.2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/