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Madras High CourtWP/27758/2023disposed of

Vishwanathan v. The District Revenue Officer

2023-09-27Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2023

CORAM

MR.JUSTICE N.SESHASAYEE Vishwanathan ... Petitioner Vs.

1.The District Revenue Officer District Revenue Office Namakkal District 2.The Inspector of Police Civil Supplies CID Police Namakkal District 3.The District Supply Officer Namakkal (This Court suomotu impleaded vide its order dated 22.09.2023) ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to release the EICHER Medium Goods Vehicle bearing Registration No.TN-61-4727, Engine No.E483CD9J213928 seized by the 2nd respondent on 20.07.2023, to the petitioner forthwith based on the representation of the petitioner dated 30.07.2023.

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For Petitioner : Mr.Deepan Uday For Respondents : Mr.C.Kathiravan Spl. Government Pleader - R1 & R3 Mr.N.Muthuvel Government Advocate (Crl. Side) - R2

ORDER

The District Supply Officer (D.S.O.), Thiruvalur District, vide its notice dated 25.09.2023 has fixed an enquiry under Section 6(B) of the Essential Commodities Act on 03.10.2023 at 3.00 p.m. The petitioner is now required to appear before him for the enquiry and he is at liberty to raise all contentions which are available for him to defend himself in the matter.

2.Learned counsel for the petitioner submitted that as per statute only the District Collector / D.R.O. has a power to pass an order of confiscation or impose penalty and the District Supply Officer does not have any authority. 3.Learned Government Advocate on instructions submits that D.R.O. has only required the D.S.O. to hold an enquiry but the final order will be passed only by the D.R.O.

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4.This Court now directs the D.R.O. to pass his final proceedings on or before 10.10.2023.

5.This writ petition stands disposed of accordingly. No costs. 27.09.2023 kas To 1.The District Revenue Officer District Revenue Office Namakkal District 2.The Inspector of Police Civil Supplies CID Police Namakkal District 3.The District Supply Officer Namakkal 3/4

N.SESHASAYEE, J.

kas 27.09.2023 4/4