V Dominic Raja v. District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos. 5532 & 5533 of 2025 V. DOMINIC RAJA ... Petitioner Vs 1.
DISTRICT REVENUE OFFICER THIRUVALLUR DISTRICT, DISTRICT COLLECTORATE, THIRUVALLUR.
2.
THE CIVIL SUPPLIES CORPORATION CID, REP. BY ITS INSPECTOR, POONGA NAGAR, THIRUVALLUR- 602 001.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to Na.Ka.No.26849/2023/S3 dated 09.08.2024 passed by the first respondent ("Impugned proceedings") and quash the same as illegal and consequently direct the respondents to return the petitioner's vehicle TATA ultra T.11 Lorry (6 wheeler) bearing registration number TN69BL8671 and having Engine No.3 3LNGD06JZX505699 and Chassis 1/5
No.MAT784015L7J06837 along with the original Registration Certificate (RC) to the petitioner.
For Petitioner : Mr.N.S.Amogh Simha For R1 : Mr.S.Balamurugan Government Advocate For R2 : Dr.C.E.Pratap Government Advocate (Crl.Side)
ORDER
This writ petition is filed with a prayer to quash the order made in Na.Ka.No.26849/2023/S3 dated 09.08.2024 passed by the first respondent and consequently direct the respondents to return the petitioner's vehicle, a lorry bearing registration No. TN69BL8671.
2. It is the case of the petitioner that the petitioner is the owner of the lorry. A third party had erroneously taken away the lorry and by using a false number plate, committed the offence. The petitioner is in no way connected to the said offence. Now, the petitioner's lorry is in the custody of the respondents. The impugned order was passed, directing the petitioner to pay the market value of the vehicle. Therefore, the impugned order is challenged. 2/5
3. The learned counsel appearing on behalf of the petitioner would submit that since the petitioner is in no way responsible for the commission of the offence, the impugned order ought not to have been passed and this Court should interfere in the matter.
4. It can be seen that the vehicle was involved in a criminal case in Cr.No.135 of 2023 on the file of the Civil Supplies Corporation CID, the Second Respondent herein. The offence alleged is under the Essential Commodities Act. Therefore, the authorities are entitled to initiate confiscation proceedings of the vehicle.
5. On perusal of the impugned order, it can be seen that it is part of the confiscation proceedings. Therefore if the petitioner is aggrieved, it is open for the petitioner to file an appeal before the appropriate forum in the manner known to law and this Court cannot interdict in the matter. Needless to mention that since the vehicle would deteriorate, the respondents shall pass final orders and proceed further in accordance with law, in any event, not later than four weeks from the date of receipt/production of the website 3/5
uploaded copy of this order without waiting for the certified copy of the order.
6. Keeping open all the contentions of the petitioner to be raised before the appropriate forum, this writ petition is disposed of. No costs. Consequently, Connected miscellaneous petitions are closed. 14.02.2025 nsl To 1.
DISTRICT REVENUE OFFICER THIRUVALLUR DISTRICT, DISTRICT COLLECTORATE, THIRUVALLUR.
2.
THE CIVIL SUPPLIES CORPORATION CID, REP. BY ITS INSPECTOR, POONGA NAGAR, THIRUVALLUR- 602 001.
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D.BHARATHA CHAKRAVARTHY, J.
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