1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.4955 of 2011 J.Ramakrishnan : Petitioner Vs 1.The District Revenue Officer Tuticorin. 2.The Inspector of Police CS. CID, Tuticorin. 3.The Inspector of Police, Pasuvanthanai Police Station, Tuticorin District. : 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 Van bearing Reg.No. TN-65-A-0667 seized by the third respondent, on 23.10.2010, to the petitioner. For petitioner : Mr.T.Lenin Kumar For Respondents : Mr.K.Balasubramanian Addl.Govt.Pleader O R D E R The prayer of the petitioner is that he seeks the release of his Van bearing Reg.No. TN-65-A-0667 seized by the third respondent, on 23.10.2010, to the petitioner. 2. It is the case of the petitioner that while he was plying the vehicle on 23.10.2010, the third respondent seized the vehicle, on the allegation that the vehicle was carrying 80 bags of rice (each contains 50 Kg) meant for public distribution system. According to the petitioner, so far, no proceeding was initiated against the petitioner under the Essential Commodities Act. 3. When the matter is taken up for hearing, at the time of admission itself, the Inspector of Police, Tuticorin, is present in the Court today. She would contend through the learned Additional Government Pleader that the vehicle in question was involved for the first time and that there is no previous case against the petitioner and she has no objection for the release of the vehicle. Therefore, this Writ Petition is taken up for final disposal. 4. As the learned Additional Government Pleader would submit that a proceeding under Section 6-A of the Essential Commodities Act, is contemplated against the petitioner. Nevertheless, the vehicle in question need not be stationed with the https://hcservices.ecourts.gov.in/hcservices/ 2 respondents. In similar circumstances, this Court in W.P.(MD).No. 3064 of 2010, by its order dated 18.03.2010 has released the vehicle with certain conditions. The same is followed here also excepting that as the vehicle is a van, a sum of Rs.10,000/- is imposed. Hence, I am inclined to direct the concerned 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.10,000/- (Rupees Ten Thousand only) with the first respondent; (iii) The petitioner shall given 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; and (iv) The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned. In the result, the Writ Petition is ordered accordingly. No costs. Sd/ Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The District Revenue Officer Tuticorin. 2.The Inspector of Police CS. CID, Tuticorin 3.The Inspector of Police, Pasuvanthanai Police Station, Tuticorin District. +one cc to Special Government Pleader, Sr.No. 15500 W.P.(MD).No.4955 of 2011 JIKR SMA/12.05.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/