M.Mohamed Rafeek, v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9348 of 2019 M.Mohamed Rafeek ... Petitioner Vs 1.The District Revenue Officer, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Civil Supplies C.I.D., Kuzhithurai at Nagercoil, Kanyakumari District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to release the Tata Spacio Car vehicle bearing Registration No. TN -72-Q-4748 seized by the second respondent on 01.02.2019 to the petitioner.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

Heard the learned counsel on either side.

2.The petitioner's vehicle was seized in connection with illegal transportation of PDS rice.

3.I am of the view that no purpose will be served by keeping the petitioner's vehicle. Therefore, the respondents are directed to return the petition mentioned vehicle to the petitioner subject to the following conditions:

i)The petitioner shall produce the document indicating his ownership over the vehicle to the first respondent. ii)The petitioner shall extend his fullest co-operation for concluding the enquiry proceedings that are now pending against him. If the petitioner is not co-operating with the enquiry, the respondents are at liberty to file a miscellaneous petition before this Court and ask for recall of this order.

iii)The petitioner shall not alienate or encumber the vehicle in any manner.

iv)The petitioner shall produce the vehicle as and when require.

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4.Accordingly, this writ petition is allowed. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) tsg To 1.The District Revenue Officer, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Civil Supplies C.I.D., Kuzhithurai at Nagercoil, Kanyakumari District.

+1CC TO MR.T.LENIN KUMAR, Advocate Sr. No.61379 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 61629 W.P.(MD)No.9348 of 2019 16.04.2019 TR (26.04.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/