Madras High CourtWP(MD)/1897/2020disposed of

Kanagaraj v. The Dist. Revenue Officer

2020-01-30Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)No.1897 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.01.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.1897 of 2020 Kanagaraj ... Petitioner Vs.

1.The District Revenue Officer, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Civil Supply CID Crime Investigation Department, Kanyakumari District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to release the petitioner's lorry bearing Registration No.TN 92 - C 9266 seized on 05.09.2019 by the second respondent police within the time stipulated by this Court.

For Petitioner : Mr.V.Malaiyendran For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader

ORDER

This Writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the first respondent to release the petitioner's lorry bearing Registration No.TN 92 - C 9266 seized on 05.09.2019 by the second respondent police, within a stipulated time.

2.Mrs.J.Padmavathi Devi, learned Special Government Pleader, who takes notice on behalf of the respondents, would vehemently oppose the release of the vehicle in question on the ground that the petitioner is the owner of the vehicle and he used his vehicle to transport PDS rice worth about Rs.25,790/-.

3.The vehicle in question, belonging to the petitioner was seized by the second respondent on the ground that it was transporting PDS rice worth about Rs.25,790/-. The act of seizure https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.1897 of 2020 cannot be faulted. But, then the question is whether it should be released or not. No purpose will be served in continuing to keep the said lorry in the custody of the respondents, since the vehicle would only lose its value by exposure in open area. That apart, this Court can take judicial notice of the fact that the parts of such detained vehicle go missing. Therefore, the first respondent is directed to return the lorry to the petitioner on payment of a sum of Rs.25,790/- (Rupees Twenty Five Thousand Seven Hundred and Ninety only) within a period of one week from the date of receipt of a copy of this order.

4. The petitioner has to file an undertaking affidavit before the second respondent offering to extend full co-operation with the enquiry that may be initiated by the respondents. The petitioner shall not alienate the vehicle till the conclusion of the enquiry. The petitioner shall also undertake not to violate the permit conditions in future. If the permit conditions are again violated, it would be open to the respondents to seize the vehicle in that event.

5. The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) pm To:

1.The District Revenue Officer, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Civil Supply CID Crime Investigation Department, Kanyakumari District.

+1 CC to M/s.V.MALAIYENDRAN, Advocate ( SR-3943[F] dated 30/01/2020 ) +1 CC to M/s.SPL.GP ( SR-4309[F] dated 31/01/2020 ) W.P(MD)No.1897 of 2020 30.01.2020 KK/SAR/07.02.2020/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2