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Madras High CourtWP/15567/2024disposed of

K.Mani v. The District Revenue Officer

2024-07-10Honourable Dr Justice Anita Sumanth4 pages

2024:MHC:2646

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2024

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH 1 K.Mani ... Petitioner Vs 1 The District Revenue Officer Coimbatore Coimbatore District 2 The Inspector Of Police Civil Supplies Cid Pollachi Coimbatore District .... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to release the Lorry bearing Registration No TN - 69- -AF - 7834 seized by the 2nd respondent on 09.04.2024 to the petitioner. For Petitioner : Mr.C.Prakasam For Respondents : Mr.U.Baranidharan Additional Government Pleader - R1 Mr.S.Vinoth Kumar Government Advocate (Crl.Side) - R2 1/4

O R D E R

Read this order in continuation of and in conjunction with order dated 18.06.2024 that reads as follows:

Mr.U.Baranidharan, learned Additional Government Pleader accepts notice for R1 and Mr.S.Vinoth Kumar, learned Government Advocate (Crl.Side) accepts notice for R2. Both learned counsel would raise objection to the grant of the petitioner's prayer.

2. Learned counsel for R2 would allege suppression of material facts insofar as he states that the petitioner, who was the owner-cumdriver of the vehicle which had been found carrying PDS rice of a value of Rs.4.13 lakhs (approx.), was remanded and is now on bail. He states that the affidavit is silent in regard to these facts and hence the petitioner has not approached this Court with clean hands.

3. Learned counsel for R1 would submit that enquiry under Section 6-B of the Essential Commodities Act, 1955 is scheduled on 08.07.2024.

4. In light of the aforesaid, the petitioner is directed to cooperate and participate in the enquiry on 08.07.2024. The outcome of the enquiry will be reported to this Court on the next date of hearing.

5. List on 10.07.2024 at the end of admission list. Written 2/4

instructions/counter by then with an advance copy served upon the petitioner.

2. Enquiry is stated to be commenced on 08.07.2024 when the petitioner appeared with some particulars in support of his contentions and the matter was heard in part and adjourned to 15.07.2024, per the instructions of the learned Additional Government Pleader.

3. In such circumstances and since the authorities have taken note of the matter, let the petitioner appear before the authorities on 15.07.2024 and put forth his case. Orders will be passed by the respondents in accordance with law as expeditiously as possible.

4. This Writ Petition is disposed as above. No costs. sl 10.07.2024 Index:Yes/No (1/2) Speaking order:Yes To 1 The District Revenue Officer Coimbatore Coimbatore District 2 The Inspector Of Police Civil Supplies Cid Pollachi Coimbatore District.

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Dr.ANITA SUMANTH,J.

Sl 10.07.2024 1/2 4/4