W.P(MD)No.19672 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.19672 of 2026 Premi Ninija ... Petitioner Vs 1. The District Revenue Officer, Kanyakumari District, At Nagercoil. 2. The Tahsildar, Killiyoor Taluk, Kanyakumari District. ... 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 Scorpio Car bearing registration No. TN 67 AP 1462, seized on 06.06.2026, which is in the custody of the respondents. For Petitioner : Mr.S.Sivakumar For Respondents : Mr.R.Ramasamy (R1) Counsel for State : Mr.R.Mohamed Riyaz (R2) Government Advocate (Criminal Side) 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.19672 of 2026 ORDER This Writ Petition has been seeking for a Writ of Mandamus directing the respondents to release the Scorpio Car bearing registration No. TN 67 AP 1462, seized on 06.06.2026, which is in the custody of the respondents. 2. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 3. It is the case of the petitioner that he is the owner of the Scorpio Car bearing registration No. TN 67 AP 1462 and his vehicle was seized by the second respondent on 06.06.2026 on the ground that his vehicle was used for transportation of PDS rice. 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. 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.19672 of 2026 4. Heard Mr.S.Sivakumar, learned counsel appearing for the petitioner, Mr.R.Ramasamy, 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. 5. The 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. 6. It 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.1,00,000/- (Rupees One Lakh Only) before the first respondent within a period of two weeks from the date of receipt of copy of this order. 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.19672 of 2026 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 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.19672 of 2026 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. 7. With this direction, the Writ Petition stands disposed of. No costs. 13.07.2026 NCC : Yes / No Index : Yes / No PKN To 1. The District Revenue Officer, Kanyakumari District, At Nagercoil. 2. The Tahsildar, Killiyoor Taluk, Kanyakumari District. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.19672 of 2026 M.DHANDAPANI, J. PKN W.P(MD)No.19672 of 2026 13.07.2026 6/6 https://www.mhc.tn.gov.in/judis