M ARUMUGAM Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition for issuance of a Writ of Mandamus, directing the District Revenue Officer, Salem/first respondent herein to return 133 bags of rice seized from the lorry bearing Registration No. TN 60 0872, 137 bags of rice each 50 kilos and 23 bags of rice each 100 kilos by the 2nd respondent in Crime No. 165/2002 on 16-7-2002.

(2.) On direction, learned Special Government Pleader takes notice for respondents.

(3.) It is seen from the particulars furnished that the petitioner is a wholesale dealer possessing licence issued under TNETA (RT) Order, 1984 by the District Supply Officer, Salem. It is stated that the petitioner for his wholesale business used to purchase commodities from the local dealers and other wholesale dealers of other districts in Tamil Nadu and for the purchases maintaining proper accounts for all the transactions done by the petitioner in the course of the business. He had purchased rice bags from Bhuvana Stores, which is carrying on business at No.62, Agraharam Shevapet, Salem. After purchase of the tender rice, he had sold 100 bags of rice as per Credit Bill No. 40, dated 5-7-2002 to M/s. Sri Maruthi Rice Industries, Shimoga, Karnataka State and despatched in a lorry bearing Registration No. TCE 3375 and the remaining rice the petitioner had sold 133 bags of rice each 75 kilos to M/s. Veerendra Traders Rice Merchants, Shimoga, Karnataka State on 16-7-2002, and the same was also despatched through lorry. While so, the second respondent without assigning any reason seized 133 bags of rice from the lorry bearing Registration No. TN 60 0872 and the remaining bags to an extent of 137 bags 50 kilos and 23 bags 100 kilos from the open yard of the Bye-pass Road and registered a case in Crime No.165/2002 for the contravention under clause 4 (1) and 19 (1) read with Section 7 (1) (a) (ii) of the E.C.Act and entrusted the rice bags at T.N.C.S.C. Godown, Salem for custody on 16-7-2002 alleging the rice belonged to Public Distribution rice. After the seizure, the petitioner has filed a petition before the first respondent for interim custody of the rice bags on proper security but no order was passed by the first respondent on the petition. Without passing orders on the petition, the first respondent is taking steps to dispose of the rice bags to Tamil Nadu Civil Supplies Corporation under Public Distribution system rice. Having no other effective remedy, filed the present writ petition praying for appropriate direction.