Allowed

Sivagnanamoorthy v. The District Revenue Officer

Madras HC5 Jan 2023WP(MD)/215/2023

Case brief

AI extract

What is this about?

The Writ Petitioner sought release of his vehicle seized by police for alleged illegal PDS rice transport. The High Court held keeping it in police custody served no purpose and granted interim custody subject to payment of fees, document production, and cooperation with inquiry, stating this does not affect future confiscation proceedings.

What did the court decide?

Directed the second respondent to grant interim custody of the seized vehicle to the petitioner subject to four conditions including payment of Rs. 7,500/- and production of documents.

Sivagnanamoorthy Vs The District Revenue Officer — Civil Procedure and Limitation | Madras HC (2023)

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1 W.P.(MD)NO.215 OF 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 05.01.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P.(MD)No.215 of 2023

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Sivagnanamoorthy ... Petitioner

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Vs.

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The District Revenue Officer, Thoothukudi, Thoothukudi District.

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The Sub-Inspector of Police, Civil Supplies CID, Thoothukudi, Thoothukudi District. ... Respondents

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Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to release the petitioner's TATA INTRA vehicle bearing registration No. TN 69 BL 7457 which was seized by the 2^nd respondent on 20.12.2022 within the time stipulated by this Court.

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For Petitioner : Mr.S.Vishnuvardhan

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For R-1 : Mr.M.Siddharthan, Additional Government Pleader. For R-2 : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side). * * *

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https://www.mhc.tn.gov.in/judis

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2 W.P.(MD)NO.215 OF 2023

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O R D E R

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Heard the learned counsel on either side.

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The petition mentioned vehicle was seized in

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connection with Crime No.233 of 2022 registered on the file of the second respondent.

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The petition mentioned vehicle is presently in the custody of the second respondent. The vehicle is said to have been used for illegally transporting PDS rice.

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It is of course open to the respondent authority to initiate confiscation proceedings. In this case we are concerned only with the issue of granting interim custody of the vehicle to the petitioner.

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No purpose will be served in keeping the vehicle under the custody of the respondents. The Hon'ble Supreme Court in the decision reported in (2002) 10 SCC 283 (Sunderbhai Ambalal Desai and Others V. State of Gujarat) has

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3 W.P.(MD)NO.215 OF 2023

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held as follows:-

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“17.In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.

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Therefore, the second respondent is directed to grant interim custody of the said vehicle to the petitioner subject to the following conditions:-

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a) The petitioner shall pay a sum of Rs.

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7,500/- (Rupees Seven Thousand and Five Hundred only) towards cost in the bank account number of the Principal District Judge, Dharmapuri (Ac No.30345829704, IFSC Code – SBIN0000832, State Bank of India, Dharmapuri Main Branch). It will be a non-refundable payment. The learned Principal District Judge, Dharmapuri is directed to spend the amount now deposited for enhancing the infrastructure of the

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4 W.P.(MD)NO.215 OF 2023

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courts in Dharmapuri District.

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b) The petitioner shall not alienate or encumber the vehicle till the proceedings are completed.

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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.

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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.

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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. No costs.

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5 W.P.(MD)NO.215 OF 2023

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05.01.2023

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NCS : Yes / No Index : Yes / No Internet : Yes / No PMU

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To:

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The District Revenue Officer, Thoothukudi, Thoothukudi District.

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The Sub-Inspector of Police, Civil Supplies CID, Thoothukudi, Thoothukudi District.

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Copy to :

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The Principal District Judge, Dharmapuri.

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6 W.P.(MD)NO.215 OF 2023

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G.R.SWAMINATHAN,J.

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PMU

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W.P.(MD)No.215 of 2023

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05.01.2023

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https://www.mhc.tn.gov.in/judis

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Sivagnanamoorthy v. The District Revenue Officer

Case brief

What is this about?

What did the court decide?

Sivagnanamoorthy v. The District Revenue Officer

Case brief

What is this about?

What did the court decide?

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