G.Venkatesh v. The District Revenue Officer(Dro)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.10894 of 2022 G.Venkatesh ... Petitioner Vs

1. The District Revenue Officer, (DRO) District Collectorate Krishnagiri District

2. The Inspector of Police, CSICID Police Station, Krishnagiri District (Crime No.28/2022) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to release the petitioner Mahindra Bolero Pickup bearing Registration No. AP-03-TC 6824 forthwith which was seized by the 2nd respondent in crime No.28 of 2022 on 25.02.2022 keeping under the custody of 1st respondent by considering the petitioner's representation dated 11.04.2022. For Petitioner : Mr.R.Sasikumar For Respondents : Mr.E.Sundaram Government Advocate

O R D E R

Mr.E.Sundaram, learned Government Advocate accepts notice for the respondents and is armed with instructions to enable disposal of this matter at this stage. Thus, by consent expressed by both learned counsels, this writ petition is disposed finally.

2.The petitioner seeks release of Mahindra Bolero Pickup bearing Registration No. AP-03-TC 6824 that was seized by Inspector of Police/R2 on 25.02.2022, when found carrying 1200 https://hcservices.ecourts.gov.in/hcservices/

kgs of PDS Rice without valid license. On the same day, a case has been registered in Crime No.28 of 2022 for offences on the various provisions of the Essential Commodities Act, 1955 and arraying the petitioner as accused as well.

3.In such circumstances, the appropriate procedure is for the Regional Transport Officer (RTO) to assess the vehicle and thereafter based upon such assessment, the RTO will consider the release of the vehicle, putting the owner to terms for such release.

4.In light of the aforesaid procedure, let the vehicle be referred to the concerned RTO for assessment, based upon which, the representation of the petitioner dated 11.04.2022 will be disposed imposing appropriate terms after hearing the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.

5.This Writ Petition is disposed as above. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar Jeni/Vs To

1. The District Revenue Officer, (DRO) District Collectorate Krishnagiri District

2. The Inspector of Police, CSICID Police Station, Krishnagiri District.

+1cc to Mr.R.Sasikumar, Advocate, S.R.No.29631 +1cc to the Government Pleader, S.R.No.30654 W.P.No.10894 of 2022 KV(CO) SU(26/05/2022) https://hcservices.ecourts.gov.in/hcservices/