Sanjay Industries, v. The District Revenue Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Sanjay Industries, Rep. by its Proprietor, Sudharshan Sahoo, Adaspur, Cuttach, Odish-754 011.
...Petitioner
Vs.
1.
The District Revenue Officer, Tiruppur, Tiruppur District.
2.
The Inspector of Police, Civil Supplies CID, Tiruppur, Tiruppur District.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to release the 251.50 Quintals of rice seized by the 2nd respondent on 10.09.2022 on furnishing immovable property security to the petitioner. For Petitioner : Mr.C.Prakasam For Respondents : Mr.M.Alagu Goutham, Government Advocate 1/6
O R D E R
This Writ petition has been filed seeking direction to the 1st respondent to release the 251.50 Quintals of rice seized by the 2nd respondent on 10.09.2022.
2. Mr.M.Alagu Goutham, learned Government Advocate takes notice for the respondents. In view of the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the petitioner/industry is a Whole Sale Dealer in Rice Business at Adaspur, Odisha. As the petitioner received orders from another Trader namely, V.M.Traders, Nemmara, Kerala, for selling rice bags, the petitioner/industry sold 251.50 quintals of boiled rice under cover of Birla Supply on 05.09.2022 and the same was transported through Lorry bearing Registration No.TN-40-Q-1776. While so, the 2nd respondent seized the rice bags and the above said lorry on its way, inspite of the fact that the petitioner's driver produced the necessary bill of supply. Therefore, the petitioner made a representation dated 28.02.2023 before the 1st respondent, seeking to release the seized 251.50 Quintals of rice to the petitioner/industry, however, till date, no orders have been passed on the 2/6
said representation. Hence, this Writ petition.
4. Learned counsel for the petitioner submitted that, though the petitioner/industry's rice bags were seized on 05.09.2022, however, till date, no Expert opinion was obtained to verify whether the seized rice is PDS rice or not. Hence, he submitted that, it would suffice, if this Court issues direction to the respondents to send the seized rice/goods for Expert opinion and appropriate orders may be passed, after obtaining necessary opinion/ result.
5. Learned Government Advocate appearing for the respondents submitted that, already the Quality certificate is obtained from the competent authority and the seized rice was distributed to the people under the PDS. If at all the petitioner is aggrieved, the petitioner shall approach the competent authority, where the issue is pending. Hence, he prayed for dismissal of this Writ petition.
6. In view of the above fact that necessary Quality certificate was obtained from the competent authority and the seized rice was confirmed as PDS rice, and that the same was distributed through PDS, this Court is of 3/6
the view that, no further adjudication is necessary in this Writ petition and the prayer sought for by the petitioner in this petition cannot be acceded to. However, the respondents are directed to furnish the said Quality certificate to the petitioner, enabling the petitioner to workout the remedy in the manner known to law.
7. For the reasons aforesaid, this Writ petition stands dismissed. No costs.
28.03.2023 (2/2) skt NCC : Yes/ No Speaking Order : Yes/ No Index : Yes/ No To 1.
The District Revenue Officer, Tiruppur, Tiruppur District.
2.
The Inspector of Police, Civil Supplies CID, Tiruppur, Tiruppur District.
4/6
M.DHANDAPANI., J.
skt (2/2) 5/6
28.03.2023 6/6