M.Selvam, v. The District Revenue Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.16333 of 2017 M.Selvam ... 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 is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to release the Auto bearing Reg.No.TN-75-A-5213 seized by the 2nd respondent on 22.08.2017, to the petitioner. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.C.Selvaraj, Special Government Pleader.

O R D E R

This Writ petition has been filed for issuance of a Writ of Mandamus directing the 1st respondent to release the Auto bearing Reg.No.TN-75-A-5213 seized by the 2nd respondent on 22.08.2017, to the petitioner.

2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.According to the petitioner, he is the owner of the vehicle, namely, Auto bearing Reg.No.TN-75-A-5213 and on 22.08.2017, the second respondent seized the vehicle and produced the same before the first respondent. Thereafter, on 23.08.2017, the petitioner made a detailed representation to the first respondent seeking to release the vehicle, but so far the first respondent is not releasing the vehicle and keeping it in his custody.

4.The learned Special Government Pleader, on instructions, would submit that the above said vehicle was involved for illegally transporting of PDS rice. Hence, the second respondent seized the same and produced before the first respondent. 5.In similar circumstances, this Court has passed an order in W.P(MD)No.12365 of 2016, dated 14.07.2016, releasing the lorry with some conditions.

6.In view of the above, this Writ Petition is disposed of with the following conditions:- (a) The petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) in cash before the first respondent;

(b) The petitioner is directed to produce all the documents pertaining to the ownership of the seized vehicle;

(c) The petitioner is to file an affidavit of undertaking that he will cause production of the vehicle in question before the competent/concerned respondent (as the case may be) as and when called for and further, he will not alienate the vehicle in question till the appropriate proceedings initiated are completed; (d) On compliance of the above conditions, the first respondent is directed to release the seized vehicle bearing Regn.No.TN-75-A-5213 to the petitioner (if he is in custody and possession), within three days from the date of receipt of a copy of this order;

(e)The first respondent is directed to pass final orders in the adjudication proceedings within a period of 45 days;

(f)This order for the release of the vehicle can be pressed into service by the petitioner only if the vehicle is not in the custody of the criminal Court. If the vehicle is in the custody of concerned Criminal Court of appropriate jurisdiction, then, option is given to the petitioner to approach the concerned Judicial Magistrate to get release of the vehicle, by filing necessary application in the manner known to law and in accordance with law; and (g) Inasmuch as the Vehicle bearing Registration No.TN-75-A-5213 is seized by the second respondent on 22.08.2017, the aforesaid order is to be complied with

within a period of one week, if no order of adjudication is passed as on today.

The present Writ petition is disposed of on the above terms. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar 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 M/S. T.LENIN KUMAR, Advocate, SR.No.75563. +1cc to Special Government Pleader, SR.No.75661. W.P.(MD)No.16333 of 2017 30.08.2017 skn SDS/SKN:RSK/SAR 2/20.09.2017/3P/5C