Murugan v. The District Revenue Officer

W.P.(MD) No.23544 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.23544 of 2019 Murugan ... Petitioner vs.

1.The District Revenue Officer, Tirunelveli District, Tirunelveli.

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

... 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 Omni Van bearing Reg.No.TN-22-AF-9724 seized on 16.10.2019 by the 2nd respondent to the petitioner and thus render justice.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.J.Gunaseelan Muthaiah 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 1st respondent to release the Omni Van bearing Regn.No.TN-22-AF-9724 seized on 16.10.2019 by the 2nd respondent to the petitioner.

2. Mr.J.Gunaseelan Muthaiah, learned Additional Government Pleader, who takes notice on behalf of the respondents, would vehemently oppose the release of Omni Van on the ground that the petitioner is the owner of the Omni Van and he used his vehicle to transport 16 bags of PDS rice (each contains 50 kgs) without any valid permit. However, he conceded that the petitioner has no previous case.

3. The Omni Van belonging to the petitioner was seized by the second respondent on the ground that it was transporting 16 bags of PDS rice. The act of seizure cannot be faulted. But, then the question is whether it should be released or not. No purpose will be https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.23544 of 2019 served in continuing to keep the said Omni Van 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 lorry 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 respondent. 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 (CO) / True Copy / Sub Assistant Registrar(CS- ) To:

1.The District Revenue Officer, Tirunelveli District, Tirunelveli.

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

+1 CC to M/s.SPL GP ( SR-96938[F] dated 08/11/2019 ) +1 CC to M/s.T.LENIN KUMAR, Advocate(SR-96960[F] dated 08/11/2019) W.P.(MD) No.23544 of 2019 07.11.2019 vs ES/15.11.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2