Madras High Court
Abdul Khader vs The District Revenue Officer on 25 May, 2023
Author: M.S.Ramesh
Bench: M.S.Ramesh
W.P.(MD).No.12460 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.05.2023
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD).No.12460 of 2023
Abdul Khader ... Petitioner
Vs.
1.The District Revenue Officer,
Trichy District,
Trichy.
2.The Inspector of Police,
Civil Supplies Crime Investigation Department,
Trichy. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the first respondent to
release the EICHER MINI LORRY bearing Registration No.TN-48-AL-6401
seized by the second respondent on 06.12.2022 to the petitioner.
For Petitioner : Mr.T.Lenin Kumar
For Respondents : Mr.A.Kannan
Additional Government Pleader
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W.P.(MD).No.12460 of 2023
ORDER
By consent of both the parties, this Writ Petition is taken up for final disposal.
2. Though the petitioner has sought for release of his lorry, the learned counsel for the petitioner submitted that in view of the earlier orders passed by this Court in several Writ Petitions, interim custody of the vehicle alone would be considered.
3. This Court, in its order passed in the case of Kathiresan Vs. The District Revenue Officer and another in W.P.(MD).No.11525 of 2023 dated 11.05.2023, had considered the decision of the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai and others Vs. State of Gujarat reported in (2002) 10 SCC 283 and ordered for interim custody of the vehicle to the petitioner therein on certain conditions.
4. In the instant case, the learned Additional Government Pleader appearing for the respondents, on instructions, submitted that the lorry belonging to the petitioner was seized for having transported 150 bags of rice and that a case in Crime No.310 of 2022 has been registered against him 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.12460 of 2023 including the offence under the Essential Commodities Act, 1955 and that there are no previous cases against the petitioner.
5. Taking into consideration the earlier orders passed by this Court, this Court is also of the view that the petitioner could be granted interim custody of his vehicle on the following conditions:
a) The petitioner shall pay a sum of Rs.5000/- (Rupees Five Thousand only) towards cost to M.S.Chellamuthu Trust and Research Foundation, K.K. Nagar, Madurai, which shall be a non-refundable amount. The Trust shall utilise the said amount for the benefits of the inmates of M.S.Chellamuthu Trust and Research Foundation, K.K. Nagar, Madurai.
b) The petitioner shall not alienate or encumber the vehicle till the proceedings are completed.
c) The petitioner shall produce all the documents pertaining to the ownership of the seized vehicle. If the petitioner is an agreement holder, he can produce the relevant xerox copies.
d) As and when the respondents call for the vehicle for enquiry, the petitioner has to produce the vehicle in question and he shall cooperate with the enquiry to be conducted by the respondents.3/5
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6. Upon completion of these formalities, the respondents shall grant interim custody of the vehicle forthwith to the petitioner without any delay. If this undertaking given by the petitioner is breached, the petitioner will not be entitled to interim custody of the vehicle in future. The Writ Petition is allowed accordingly. I make it clear that allowing of this writ petition will not have any bearing on the confiscation proceedings that may be initiated by the authorities. There shall be no order as to costs.
25.05.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
Lm
To
1.The District Revenue Officer,
Trichy District,
Trichy.
2.The Inspector of Police,
Civil Supplies Crime Investigation Department, Trichy.
4/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.12460 of 2023 M.S.RAMESH, J.
Lm W.P.(MD).No.12460 of 2023 25.05.2023 5/5 https://www.mhc.tn.gov.in/judis