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Madras High CourtWP/7005/2023disposed of

P.Marimuthu v. The District Revenue Officer

2023-03-10Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 10.03.2023 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Marimuthu, ... Petitioner Vs

1. The District Revenue Officer, O/o. District Collector Office,

2. The District Supply Officer, Collector complex,

3. The Inspector of Police, Civil Supplies-CID, Chennai Pollachi Police Station.

(Crime No.298/2022) ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying to pass an order or direction or Writ in the nature of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 21.12.2022 and direct the respondents to release the petitioner's vehicle Ashok Leyland goods carrier earing registration No.TN 40 C 0984 seized by the 3rd respondent on 04.10.2022.

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For Petitioner ... Mr.P.Balamurugan For Respondents ... Mr.E.Veda Bagath Singh, Special Government Pleader

O R D E R

This Writ Petition has been filed for a direction to the respondents to consider the petitioner's representation dated 21.12.2022 requesting to release the petitioner's vehicle which was seized by the 3rd respondent on 04.10.2022 and pass orders on the same.

2. It is the case of the petitioner that the petitioner's lorry bearing registration number TN 40 C 0984 was seized by the 3rd respondent on 04.10.2022 due to illegal possession of PDS rice. Hence, on 21.12.2022, the petitioner made a representation to the 1st respondent seeking to release his vehicle. However, no action has been taken on the said representation. Hence, this Writ Petition.

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3. Though very many grounds have been raised, the learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 1st respondent to consider the petitioner's representation made on 21.12.2022 seeking to release his vehicle and pass appropriate orders.

4. Learned Additional Government Pleader appearing for the respondents submits that already the criminal case has been filed against the petitioner with regard to illegal possession of PDS rice, pursuant to which, charge sheet has also been filed on the file of the Judicial Magistrate-IV,

5. In view of the pendency of the criminal case as against the petitioner, the petitioner is permitted to file appropriate application before the Judicial Magistrate-IV, Coimbatore. If any such application is filed, the Judicial Magistrate-IV, Coimbatore is directed to consider the same and pass appropriate orders.

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6. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs. 10.03.2023 NHS Index:Yes/No Internet:Yes Page No:4/6

To

1. The District Revenue Officer, O/o. District Collector Office,

2. The District Supply Officer, Collector complex,

3. The Inspector of Police, Civil Supplies-CID, Chennai Pollachi Police Station.

(Crime No.298/2022) Page No:5/6

M.DHANDAPANI, J.

NHS 10.03.2023 Page No:6/6