S. Anus v. The Managing Director

W.P.(MD)No.20432 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.20432 of 2019 S.Anus : Petitioner Vs.

1. The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Keelpak, Chennai-10.

2. The Regional Manager, Tamil Nadu Civil Supplies Corporation, Virudhunagar Region,Virudhungar.

3. The District Revenue Officer, Virudhunagar District, Virudhunagar.

4. The Inspector of Police, Civil Supplies C.I.D., Virudhunagar. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the third respondent to release the 138 bags of boiled rice (each contains 50 Kgs) seized by the fourth respondent on 19.10.2018.

For Petitioner : Mr.T.Lenin Kumar For Respondents 1&2 : Mr.Raja Karthikeyan For Respondents 3&4 : Mr.M.Rajarajan, Government Advocate ******

ORDER

The petitioner has filed the present Writ Petition seeking a direction to the third respondent to release the 138 bags of boiled rice (each contains 50 Kgs) seized by the fourth respondent on 19.10.2018.

2. Heard the submissions made on either side.

3. The fourth respondent seized the rice bags from the petitioner on apprehension that it was meant for Public https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.20432 of 2019 Distribution System. They have sent it for test in the Laboratory, which was reported that it is a Public Distribution System rice. Thereafter, on objection by the petitioner, it was sent again for test. In that, the result was disclosed that the rice seized is not meant for Public Distribution System. Once again, to affirm, the respondents have sent it for re-examination. The second test was confirmed and it is declared that the rice is not a Public Distribution System rice. In view of the same, it is clear that the rice is not a Public Distribution System rice, but, belongs to the petitioner and hence, the petitioner is entitled to get the rice released from the third respondent.

4. Accordingly, the third respondent is directed to release 138 bags of boiled rice (each contains 50 Kgs) belonging to the petitioner forthwith.

5. The Writ Petition is ordered accordingly. The report of the first and second respondents shall form part of the record. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To

1. The District Revenue Officer, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, Civil Supplies C.I.D., Virudhunagar.

+1 CC to SPECIAL GOVERNMENT PLEADER ( SR-91359[F] dated 04/10/2019) +1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-91409[F] dated 04/10/2019 ) Order made in W.P.(MD)No.20432 of 2019 Dated:- 03.10.2019 AE/ (16.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2