Madras High CourtWP/10896/2022disposed of

Pothumani v. The District Revenue Officer

2022-04-28Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.10896 of 2022 Pothumani ... Petitioner Vs

1. The District Revenue Officer, District Collectorate, Krishnagiri District.

2. The Inspector of Police, CSCID Police Station, Krishnagiri District, (Crime No.36/2022) ... 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's Leyland lorry in bearing Registration No. KA51D3627 forthwith which was seized by the 2nd respondent in crime No.36 of 2022 on 08.03.2022 keeping under the custody of 1st respondent by considering the Petitioner's representation dated 22.03.2022. For Petitioner :

Mr.M.Jayachandran 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 Leyland lorry in bearing Registration No. KA51-D-3627 that was seized by Inspector of Police/R2 on 08.03.2022, when found carrying 200 bags, each containing of 10,500 kgs, of PDS Rice without valid license. On 08.03.2022, a case has been registered in Crime No.36 of 2022 https://hcservices.ecourts.gov.in/hcservices/

for offences on the various provisions of the Essential Commodities Act, 1955.

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 concerned RTO for assessment, based upon which, the representation of the petitioner dated 22.03.2022 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-VIII) //True Copy// Sub Assistant Registrar Jeni/Vs To

1. The District Revenue Officer, District Collectorate, Krishnagiri District.

2. The Inspector of Police, CSCID Police Station, Krishnagiri District, (Crime No.36/2022) +1cc to Mr.M.Jayachandran, Advocate, S.R.No.29634 +1cc to the Government Pleader, S.R.No.30691 W.P.No.10896 of 2022 KV(CO) SU(27/05/2022) https://hcservices.ecourts.gov.in/hcservices/