DISTRICT REVENUE OFFICER KRISHNAGIRI Vs. M VIMALAN

JUDGEMENT

(1.) The State, through District Revenue Officer, has filed the present Writ Appeal aggrieved by the Order of the learned Single Judge dated 28.08.2014 by which the learned Single Judge allowed W.P.No. 13473 of 2014 filed by the petitioner M.Vimalan. The learned Single Judge directed release of the Bolero vehicle bearing No. TN-20-BQ-6453 which was found to be involved in alleged transportation of PDS rice illegally and the authority concerned had imposed a fine of Rs.2,50,000.00 upon him. The learned Single Judge directed release of the said vehicle upon fulfillment of certain conditions including the deposit of a sum of Rs.15,000.00 finding it to be a first time offence by the petitioner and also further directed filing of Undertaking and the Documents relating to said vehicle.

(2.) Aggrieved by the said Order, the State has filed the present Writ Appeal which was admitted by another Co-ordinate Bench of this Court on 27.10.2014.

(3.) The only argument raised before us is that since a statutory alternate remedy was available to the writ petitioner, he was bound to avail the same and could not have invoked the writ jurisdiction of this Court and that therefore, the Order passed on merits by the learned Single Judge in the present Writ Appeal deserved to be set aside.