BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 21/09/2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition(MD)No.11769 of 2010 V.Murugan ... Petitioner Vs. 1. The District Revenue Officer, Madurai. 2. The Inspector of Police, C.S.CID, Madurai. ... Respondents Prayer Petition filed seeking for a writ of Mandamus, directing the first respondent to release the Lorry bearing Reg.No.TN-37-2799, seized by the second respondent, on 08.09.2010, to the petitioner. !For Petitioner ... Mr.T.Lenin Kumar ^For Respondents... Mr.K.M.Vijayakumar, Special Government Pleader. :ORDER
The petitioner has come up with the present writ petition praying for a
writ of mandamus to direct the first respondent to release the Lorry bearing
Reg.No.TN-37-2799, seized by the second respondent, on 08.09.2010.
2. The case of the petitioner is that he is the owner of the Lorry in
question and the said vehicle had been parked for the purpose of loading PDS
rice, at the time of its seizure.
3. On notice, the learned Special Government Pleader, appearing for the
respondents, had pointed out that since, proceedings had been initiated, under
Section 6-A of the Essential Commodities Act, 1955, the petitioner has to
approach the first respondent for the release of the vehicle concerned. However,
without doing so, he has approached this Court, by filing the present writ
petition.
4. Considering the above facts and circumstances, the respondents are
directed to release the vehicle in question, subject to the following
conditions:-
(i) The petitioner shall produce the necessary documents before the first
respondent, to establish his ownership of the vehicle in question.
(ii) The petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty
Thousand only) with the first respondent.
(iii) The petitioner shall give an undertaking that he will not use the
vehicle for any illegal activities in future and that he would produce the same
as and when required by the first respondent.
(iv) The petitioner shall not alienate the vehicle in question till the
disposal of the proceedings before the authority concerned.
(v) It is made clear that the release of the vehicle in question, by this
order, is only an interim measure, as it would be subject to the final order to
be passed by the authorities concerned, under Section 6-A of the Essential
Commodities Act, 1955.
The writ petition is disposed of with the above directions. No costs.
srm
To
1. The District Revenue Officer,
Madurai.
2. The Inspector of Police,
C.S.CID,
Madurai.