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Madras High CourtWP(MD)/23008/2019disposed of

M.Peria Paul Raj v. The District Revenue Officer

2019-11-01Honourable Mr Justice M. Govindaraj2 pages

W.P(MD)No.23008 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.23008 of 2019 M.Peria Paul Raj ... 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 : Writ petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the 1st respondent to release the TATA Ace Gold BS-IV vehicle bearing Reg No.TN 69 BJ 0740 seized by the 2nd respondent on 29.8.2019 to the petitioner. For Petitioner : M/s.D.Deepamathi For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader

O R D E R

The petitioner has come forward with the present Writ Petition seeking for issuance of a Writ of Mandamus, directing the first respondent to release the TATA Ace Gold BS-IV vehicle bearing Reg No.TN 69 BJ 0740 seized by the 2nd respondent on 29.08.2019 to the petitioner.

2.Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, who takes notice on behalf of the respondents, would vehemently oppose the release of the vehicle in question on the ground that the petitioner is the owner of the vehicle and he used his vehicle to transport 15 bags of PDS rice (each contains 50 kgs) without any valid permit.

3.The TATA Ace Gold BS-IV vehicle belonging to the petitioner was seized by the second respondent on the ground that it was transporting 15 bags of PDS rice. The act of seizure cannot be faulted. But, then the question is whether it should be released or https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.23008 of 2019 not. No purpose will be served in continuing to keep the said TATA Ace Gold BS-IV in the custody of the respondents, since the vehicle would only lose its value by exposure in open area. That apart, this Court can take judicial notice of the fact that the parts of such detained vehicle go missing. Therefore, the first respondent is directed to return the TATA Ace Gold BS-IV to the petitioner on payment of a sum of Rs.25,000/- (Rupees twenty five thousand only) within a period of one week from the date of receipt of a copy of this order.

4. The petitioner has to file an undertaking affidavit before the second respondent offering to extend full co-operation with the enquiry that may be initiated by the respondents. The petitioner shall not alienate the vehicle till the conclusion of the enquiry. The petitioner shall also undertake not to violate the permit conditions in future. If the permit conditions are again violated, it would be open to the respondents to seize the vehicle in that event.

5. The Writ Petition is allowed accordingly. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) Mj To 1.The District Revenue Officer, Kanyakumari District, Nagercoil.

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

+1 CC to SPL GP ( SR-95530[F] dated 01/11/2019 ) +1 CC to Mt.T.LENIN KUMAR, Advocate ( SR-95594[F] dated 01/11/2019 ) W.P.(MD) No.23008 of 2019 01.11.2019 VB(08.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2