K.Satheesh v. The District Revenue Officer

ORDER This Writ Petition has been seeking for a Writ of Mandamus directing the respondents to release the petitioners vehicle namely TATA INTRA V30 bearing registration No. TN 74 BD 3654.

¶2By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

¶3It is the case of the petitioner that he is the owner of the TATA INTRA V30 bearing registration No. TN 74 BD 3654 and his vehicle was seized by the second respondent on 17.03.2026 on the ground that his vehicle was used for transportation of PDS toor dal. A case was registered against the petitioner in Crime No.57 of 2026 on the file of the second respondent under Sections 6(4) of the Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 r/w Section 7(1)(a)

(ii) of the Essential Commodities Act, 1955. It is stated by the petitioner that confiscation proceedings has not been initiated against the vehicle. Hence, he submitted a representation before the second respondent seeking release of the vehicle and the same has not been considered. Hence, the petitioner has come before this Court.

¶4Heard Mr.N.Pragalathan, learned counsel appearing for the petitioner, Ms.K.R.Shivashankari, learned Counsel for the State, who accepts notice on behalf of the first respondent and Mr.R.Mohamed Riyaz, learned Government Advocate (Criminal Side), who accepts notice on behalf of the second respondent.

¶5The learned Government Advocate (Crl.side) for the second respondent submitted that the second respondent has no power to consider the representation and it is for the first respondent to consider the representation.

¶6It is held by this Court as well as the Hon'ble Apex Court that detaining the vehicle for long time and exposing the same to sun and rain will cause damage to the vehicle and hence, no purpose will be served by keeping the vehicle in idle condition without any confiscation order. Therefore, this Court is inclined to direct the first respondent to release the vehicle to the petitioner on following conditions:- a) The petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) before the first respondent within a period of two weeks from the date of receipt of copy of this order. b) The petitioner shall appear before the first respondent in person and produce all the relevant documents proving ownership of the vehicle for verification. c) On payment of amount by the petitioner as stated supra and also on being satisfied with the ownership of the vehicle, the first respondent shall release the subject vehicle. d) The petitioner shall not use the subject vehicle for any unlawful purpose and shall not alienate the same during the pendency of the proceedings. e) The order passed by this Court will not prevent the first respondent from taking any action against the petitioner including the proceedings for confiscation of the vehicle in the manner known to law within a period of three weeks from the date of receipt of copy of this order. f) If no such order is passed against the petitioner within the time stipulated, the amount deposited by the petitioner shall be refunded to him. g) The present order passed by this Court will enure to the petitioner only if the vehicle is not in the custody of the Criminal Court. If the vehicle is already in the custody of the Criminal Court, it is open to the petitioner to approach the jurisdictional Magistrate to get release of the vehicle by filing appropriate application and the same shall be considered in accordance with law.

¶7With this direction, the Writ Petition stands disposed of. No costs.

13.07.2026 NCC : Yes / No Index : Yes / No PKN To

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

¶2The Inspector of Police, CSCID Police Station, Tirunelveli, Tirunelveli District.

M.DHANDAPANI, J. PKN

13.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Satheesh ... Petitioner Vs 1. The District Revenue Officer, Tirunelveli District, Tirunelveli. 2. The Inspector of Police, CSCID Police Station, Tirunelveli, Tirunelveli District. (Crime No. 57 of 2026). ... Respondents PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the respondents to release the petitioners vehicle namely TATA INTRA V30 bearing registration No. TN 74 BD 3654. For Petitioner : Mr.N.Pragalathan For Respondents : Ms.K.R.Shivashankari (R1) Counsel for State : Mr.R.Mohamed Riyaz (R2) Government Advocate (Criminal Side)