Madras High CourtWP/30882/2015disposed of

Mr.Sekar v. The District Collector,

2015-10-09Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2015

CORAM:

THE HON'BLE MR. JUSTICE R. MAHADEVAN W.P.No.30882 of 2015 Mr.Sekar [ Petitioner ] Vs 1 The District Collector Karur District.

2 The District Revenue Officer Karur Karur District.

3 The Inspector of Police Civil Supplies CID Karur District Erode Circle [ Respondents] Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first Respondent to complete the proceedings initiated under section 6 (A) of Essential Commodities Act. 1955 against the petitioner in Crime No.287/2014 pending on the file of 3rd respondent in accordance with law.

For petitioner Mr.D.Kanagasundram For respondents Mr.M.S.Ramesh, AGP

O R D E R

Heard the learned counsel for the petitioner and Mr.M.S.Ramesh, learned Additional Government Pleader (Taxes), who took notice for the respondents and with their consent, the main writ petition is taken up for disposal.

2. This writ petition has been filed for the issuance of a writ of mandamus to direct the 1st Respondent to complete the proceedings initiated under section 6 (A) of Essential Commodities Act. 1955 against the petitioner in Crime No.287/2014 pending on the file of 3rd respondent in accordance with law.

3. The case of the petitioner is that on 06.10.2014, his Tanker Lorry bearing Registration No.TN-02 AY 8499, which was parked inside the premises of Indian Oil Corporation, Coimbatore for transporting burnse oil to the Tamil Nadu Petroleum Limited Company, Karur, the 3rd respondent seized the vehicle and registered a case in Crime No.287/2014 under Section 3(i) of Solvent Rabbinate and Slop (Acquisition), Sale, Storage and Prevention of use in Automobile Order 2005 and 2(e)(v)(vi)(vii) of MSRHSD (RSDPM) Order 2005 r/w 7(1)(a)(ii) of Essential Commodities Act, 1955 against him. Pursuant to the same, the petitioner was arrested and subsequently released on bail. Though the proceedings were initiated on 07.10.2014, the 1st respondent till date has not concluded the enquiry under Section 6 A of the Act. Thereafter, the representation dated 01.09.2015 was made by the petitioner to the first respondent. Till date, no order is passed. Aggrieved over the same, the petitioner is before this Court.

4. Admittedly, proceedings under Section 6-A of the Essential Commodities Act of 1955 is said to be pending before the 1st respondent and despite several representations, the same has not been considered and orders passed. Hence, without going into the merits of the case, this writ petition is disposed of by directing the 1st respondent to consider and pass orders on the representation of the petitioner requesting to conclude the 6-A proceedings initiated against him, within a period of twelve weeks from the date of receipt of a copy of this order, after providing due opportunity to the petitioner. No costs.

sd/- ASSISTANT REGISTRAR(CS-V) / TRUE COPY / SUB-ASSISTANT REGISTRAR rg

To, 1 The District Collector,Karur District.

2 The District Revenue Officer, Karur Karur District. 3 The Inspector of Police Civil Supplies CID Karur District Erode Circle +1 CC to Mr.D.Kanagasundram Advocate. SR.NO. 55444 +1 CC to Govt.Pleader. SR.NO.55601 W.P.No.30882 of 2015 CO-KGK JD 19/10/2015