Deepakaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2021

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN W.P. No. 16223 of 2021 Deepakaran

...Petitioner

Versus

1.The District Collector Villupuram District Villupuram 2.The Sub-Inspector of Police, CSCID Police Station Villupuram

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to dispose the petitioner's petition dated 04.06.2021 after giving opportunity For Petitioner :

Mr. P.K. Shivakumar For Respondents :

Mr. Stalin Abhimanyu Government Counsel

O R D E R

Mr.Stalin Abhimanyu learned Government counsel takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

2. According to the petitioner, he owns a Tanker lorry (FR Yellow coloured Taraus Ashok Leyland) with registration number of TN 64 J 5989, which was leased out to one Murugesan. On 01.09.2020, the second respondent seized the said vehicle in connection with Crime No. 109/2020 for the offences under sections 2 (f)(IV)(V)(VI) r/w 2 (i) of MSHSD (PM & SD) Order, 2005 r/w 7 (1)(a)(ii) Essential Commodities Act. Subsequently, the petitioner approached the Judicial Magistrate court No.1, Villupuram for release of vehicle, which was dismissed on 28.04.2021. Thereafter, he went to the first respondent by filing petition dated 04.06.2021 for returning the vehicle, https://hcservices.ecourts.gov.in/hcservices/

which is kept pending. While so, it was informed by the District Supply Officer and Consumer Protection Officer, Villupuram that after receipt of the final report from the second respondent, the claim of the petitioner wi8ll be considered. Finding no option, the petitioner has come up with this writ petition for a mandamus to the first respondent to issue appropriate direction in this regard.

3. Heard both sides and perused the documents enclosed in the typed set of papers.

4. Considering the limited relief sought in this writ petition, this court, without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 04.06.2021 and pass appropriate orders, on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order.

5. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dhk To 1.The District Collector Villupuram District Villupuram.

2.The Sub-Inspector of Police, CSCID Police Station Villupuram.

3.The District Supply Officer and Consumer Protection Officer, Villupuram.

+1cc to Mr.P.K.Shivakumar, Advocate, S.R.No.43890 +1cc to the Government Pleader, S.R.No.43937 W.P. No. 16223 of 2021 BS(CO) RVM(07/10/2021) https://hcservices.ecourts.gov.in/hcservices/