Ramakrishnan v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2022

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.NO.10763 OF 2022 Ramakrishnan ... Petitioner Vs

1. The District Revenue Officer, Coimbatore District, Coimbatore.

2. The Inspector of Police, Civil Supplies C.I.D., Pollachi.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to release the Eicher Vehicle bearing registration No.KL-02-AP-2350 seized by the second respondent on 24.11.2021 and consequently thereby direct the 1st respondents to herein to consider the petitioner representation dated 23.03.2022 in accordance with law.

For Petitioner : Mr.S.Senthilvel 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 Eicher vehicle bearing registration No.KL-02-AP-2350 that was seized by Inspector of Police/R2 on 24.11.2021. The petitioner submits that the vehicle https://hcservices.ecourts.gov.in/hcservices/

had been given to a third party on hire. It had been seized,when found carrying 200 bags, each containing of 50 kgs, of PDS Rice without valid license. On 24.11.2021, a case has been registered in Crime No.301 of 2021 for offences under 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 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 concerned RTO for assessment, based upon which, the representation of the petitioner dated 23.03.2022 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-IX) //True Copy// Sub Assistant Registrar Jeni/Vs To

1. The District Revenue Officer, Coimbatore District, Coimbatore.

2. The Inspector of Police, Civil Supplies C.I.D., Pollachi.

+1cc to the Government Pleader, S.R.No.30653 W.P.No.10763 of 2022 NRJK(CO) RLP(27/05/2022) https://hcservices.ecourts.gov.in/hcservices/