Madras High CourtWP(MD)/2563/2020disposed of

Vishwanath v. The District Revenue Officer

2020-02-12Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)NO.2563 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)NO.2563 OF 2020 Vishwanath :Petitioner .vs.

1.The District Revenue Officer, Madurai District, Madurai.

2.The Inspector of Police, Civil Supplies Crime Investigation Department, Madurai.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to release 320 bags of Open Market Boiled Broken Rice Bags, seized on 28.10.2019 by the second respondent to the petitioner.

For Petitioner :Mr.T.Lenin Kumar For Respondents :Mr.M.Murugan Govt.Advocate

O R D E R

************* This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first respondent to release 320 bags of Open Market Boiled Broken Rice Bags, seized on 28.10.2019 by the second respondent to the petitioner.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The second respondent seized 320 rice bags from the Petitioner on the apprehension that it was meant for Public Distribution System. They have sent it for test in the Laboratory, in which, it was reported that the rice is not meant for Public Distribution System and they are only Open Market Boiled Rice. The second respondent has seized the rice bags only on assumption and the authorities concerned have also issued a Certificate, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)NO.2563 OF 2020 dated 31.10.2019 to the effect that seized rice bags are only Open Market Boiled Rice. In view of the same, it is clear that the rice is not a Public Distribution System Rice but it belongs to the Petitioner and hence the Petitioner is entitled to get the rice bags released from the first respondent. 4.Accordingly, the first respondent is directed to release 320 bags of Open Market Boiled Rice to the Petitioner, forthwith. 5.The Writ Petition is ordered accordingly. The Quality Certificate, dated 31.10.2019 shall form part of the record. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) vsn To 1.The District Revenue Officer, Madurai District, Madurai.

2.The Inspector of Police, Civil Supplies Crime Investigation Department, Madurai.

+1 CC to MR.T.LENINKUMAR, Advocate ( SR-5958[F] dated 12/02/2020 ) +1 CC to SPL.GP ( SR-6319[F] dated 14/02/2020 ) 0RDER MADE IN W.P(MD)NO.2563 OF 2020 12.02.2020 KM/(19.02.2020) SAR1/2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2