Madras High CourtWP(MD)/26043/2019disposed of

Jeevitha v. The District Revenue Officer

2019-12-06Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)No.26043 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.26043 of 2019 Jeevitha ... Petitioner Vs.

1.The District Revenue Officer, Tenkasi District, Tenkasi.

2.The Inspector of Police, Civil Supplies Crime Investigation Department, Tirunelveli. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to release the lorry bearing Registration No.TN-28-AB-6001, seized on 30.11.2019 by the second respondent to the petitioner. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader

ORDER

This Writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the first respondent to release the lorry bearing Registration No.TN-28-AB-6001, seized on 30.11.2019 by the second respondent to the petitioner. 2.Mrs.J.Padmavathi Devi, learned Special 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 270 bags of PDS rice (each contains 50 kgs) without any valid permit.

3.The vehicle in question, belonging to the petitioner was seized by the second respondent on the ground that it was transporting 6 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 served in continuing to keep the said lorry 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.26043 of 2019 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 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-II) // True Copy // Sub Assistant Registrar(CS ) pm To:

1.The District Revenue Officer, Tenkasi District, Tenkasi.

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

+1 CC to SPL.GP ( SR-103982[F] dated 09/12/2019 ) +1 CC to Mr.T.LENINKUMAR, Advocate ( SR-103990[F] dated 09/12/2019 ) W.P(MD)No.26043 of 2019 06.12.2019 MK (17.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2