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Madras High CourtWP(MD)/21246/2025disposed of

J.Karthick v. The District Revenue Officer

2025-08-04Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN J.Karthick ... Petitioner Vs

1. The District Revenue Officer, District Collectorate Office, Tuticorin, Tuticorin District.

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

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the first respondent to release the Maruthi Ecco, bearing Registration No.TN-59-CU-9045 seized by the second respondent on 18.02.2025 to the petitioner.

For petitioner : M/s. M.Viji 1/5

For respondents : Mr.D.Ghandiraj Special Government Pleader for R1 Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) for R2 *****

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner, the learned Special Government Pleader for the first respondent and the learned Government Advocate (Crl.Side) for the second respondent.

2. The petitioner, who is the owner of the vehicle, bearing registration No.TN-59-CU-9045, is before this Court for provisional release of the vehicle.

3. It is submitted by the learned Government Advocate (Crl.Side) for the second respondent that the petitioner is not directly involved in the alleged smuggling of 920 Kgs (18 bags) of PDS rice in connection with Crime No. 29/2025, for the offences under Clause 6(4) of the Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 and Section 7(1)(a)(ii) of the Essential Commodities Act, 1955.

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4. It is the specific case of the petitioner that the petitioner has mortgaged the vehicle to SAI Finance run by one Suresh and that the said Suresh has used the vehicle for illegal purpose and that the petitioner has no direct involvement in the alleged smuggling of the PDS rice on 18.02.2025.

5. Considering the fact that the petitioner's name is not featuring in the FIR registered in Crime No.29/2025 for the aforesaid offences before the second respondent, I am inclined to order provisional release of the vehicle subject to the petitioner depositing a sum of Rs.10,000/- with the first respondent. Additionally, the petitioner shall pay a sum of Rs.5,000/- to Siddha Centre, Madurai, Madurai Bench of Madras High Court, Madurai, operated by the Registrar (Administration) (Account No:-6865578213, IFSC Code:- IDIB000H040, Indian Bank, High Court Branch, Madurai).

6. Subject to the petitioner depositing the aforesaid amounts within a period of 15 days from the date of receipt of a copy of this order, the subject vehicle shall be released provisionally.

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7. It is made clear that Rs.10,000/- to be deposited by the petitioner is only for the provisional release and it is for the further adjustment in accordance with confiscation order to be passed by the first respondent.

8. This Writ Petition is disposed of, with the above observations. No costs. Index : Yes / No 04.08.2025 Internet : Yes / No apd To

1. The District Revenue Officer, District Collectorate Office, Tuticorin, Tuticorin District.

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

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C.SARAVANAN, J.

apd 04.08.2025 5/5