B.Bala Saraswathi v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).No.16803 of 2025 B.Bala Saraswathi ... Petitioner Vs.

1.The District Revenue Officer, Tirunelveli.

2.The District Civil Supplies Officer, Tirunelveli.

3.The Inspector of Police, Tirunelveli Police Station, CSCID-Madurai. ...Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to return the petitioner's APE Auto bearing Registration No.TN 72 AY 3701 forthwith by considering the representation dated 06.06.2025 forthwith.

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For Petitioner : Mr.A.Arun Ramnath For Respondents : Mr.D.Ghandiraj (for R1 & R2) Special Government Pleader Mr.K.Sanjai Gandhi (for R3) Government Advocate (Crl. Side)

ORDER

This writ petition has been filed to direct the respondents to return the petitioner's APE Auto bearing Registration No.TN 72 AY 3701 forthwith by considering the representation dated 06.06.2025 forthwith. 2.This writ petition is disposed of at the time of admission after hearing the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1 and 2 and the learned Government Advocate (Crl. Side) appearing for the third respondent.

3.The petitioner is the owner of the APE Auto bearing Registration No.TN 72 AY 3701, which was driven by the petitioner's 2/6

son namely, Arigopal, who apparently illegally transported 300 kgs of PDS rice, which was intercepted by the third respondent, pursuant to which, a case in Crime No.50 of 2025 was registered against the petitioner's son for the offences punishable under Sections 6(4) and 7(1) (a)(ii) of TN Scheduled Commodities (RDCS) Order 1982 and Essential Commodities Act, 1955, on 10.04.2025. It is informed that the value of the vehicle is about Rs.50,000/-.

4.Since the seizure of the vehicle is a preliminary proceeding and a procurer before the confiscation orders are passed by the third respondent, I am inclined to order provisional release of the vehicle. The vehicle seized appears to be a 2010 model. Hence, no useful purpose will be served if the vehicle is allowed to remain in the custody of the third respondent as it will depreciate fast on account of its non use. 5.Considering the same, the third respondent is directed to provisionally release the APE Auto of the petitioner bearing Registration No.TN 72 AY 3701, subject to the petitioner depositing Rs.10,000/- 3/6

before the third respondent. The said exercise shall be completed immediately after payment made by the petitioner. 6.With the above directions, this writ petition stands allowed. No costs.

23.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No vsg 4/6

To 1.The District Revenue Officer, Tirunelveli.

2.The District Civil Supplies Officer, Tirunelveli.

3.The Inspector of Police, Tirunelveli Police Station, CSCID-Madurai.

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C.SARAVANAN, J.

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