1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2011 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.7697 of 2011 R.Velmurugan .. Petitioner Vs. 1.The District Revenue Officer, Madurai District, Madurai. 2.The Inspector of Police, C.S.C.I.D., Police Station, Madurai, Madurai District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the first respondent to release the vehicle bearing Registration No.*TN-59-AC-0637 TATA ACE Van seized by the second respondent dated 19.06.2011 from the custody of the petitioner. For Petitioner : Mr.S.Chandrasekaran For Respondents : Mr.T.S.Mohammed Mohideen,Additional Government Pleader O R D E R Seeking for a Mandamus, directing the District Revenue Officer, Madurai District, the first respondent herein, to release the vehicle bearing Registration No.*TN-59-AC-0637 seized by the Inspector of Police, C.S.C.I.D., Police Station, Madurai District, the petitioner has come forward with the present Writ Petition. 2. According to the petitioner, on 19.06.2011 when his driver was proceeding with the van from Usilampatti to Kanampatti Road, the Inspector of Police, C.S.C.I.D., Police Station intercepted the vehicle and seized 20 bags of rice worth about Rs.12,000/- and it was further alleged that the petitioner had transported 20 bags of PDS rice. It is the further contention of the petitioner that in spite of producing the documents pertaining to the vehicle and bills, the vehicle was not released. Thereafter, he made a representation dated 19.06.2011 to the first respondent by registered post, which has not been responded and hence, the present Writ Petition. 3. Inviting the attention of this Court to the First Information Report registered against the owner of the goods in Crime No.314 of 2011, dated 19.06.2011, registered under Section 6(2)(3)(4) of TNSC (RDCS) Order, 1982 r/w 7(i)(a)(ii) of the Essential Commodities Act, 1955, Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader submitted that a criminal case has been registered against the owner of the goods on a specific complaint and hence, he prayed for dismissal of the Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record. 5. As on today, only a crime has been registered and investigation is yet to be completed. In such circumstances, the detention of the vehicle in the police station would certainly cause damages to the vehicle. 6. In such view of the matter, pending adjudication or proceedings to be completed at the earliest, in accordance with the statutory provisions, a direction is issued to the respondents to release the vehicle in question with the following conditions: (i) The petitioner shall produce the 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 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; and (vi) The first respondent is at liberty to proceed under the provisions of the TNSC (RDCS) Order, 1982 r/w Essential Commodities Act, 1955. 7. The Writ Petition is ordered accordingly. No costs. SD ASST REGISTRAR ( AS ) Amended as per order of Court dated 01.08.2011 made in MP.(MD) No.1 of 2011 in W.P.(MD) No.7697/2011 /TRUE COPY/ SUB ASST REGISTRAR SML To *(To be substituted for the order already despatched on 14.07.2011.) 1.The District Revenue Officer, Madurai District, Madurai. 2.The Inspector of Police, C.S.C.I.D., Police Station, Madurai, Madurai District. 1CC TO MR. S. THIRUPPATHY, ADVOCATE, SR: 25464 DM::2011:JULY::13:: 2P ::4c SR : 12.08.2011 : 2p/4c Order made in W.P.(MD)No.7697 of 2011 Dated:- 12.07.2011 https://hcservices.ecourts.gov.in/hcservices/