Madras High CourtWP/27632/2023disposed of

Amutha v. The District Revenue Officer

2023-09-21Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2023

CORAM

MR.JUSTICE N.SESHASAYEE Amutha ... Petitioner Vs.

1.The District Revenue Officer, District Collector Office, Thiruvallur, Thiruvallur District.

2.State rep. by The Sub Inspector of Police, CSCID Thiruvallur Police Station, Chennai.

(Crime No.189 of 2023) ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus, directing the 1st respondent herein to release the Vehicle namely ASHOK LEYLAND BADA DOST in bearing Registration No.TN-05-CF-6303 to the petitioner. 1/4

For Petitioner : Mr.R.Sasikumar For R1 : Mr.V.Manoharan, Additional Government Pleader For R2 : Mr.N.Muthuvel, Government Advocate (Crl. Side)

ORDER

The petitioner complaints that his lorry bearing Registration No.TN-05-CF6303 has been seized by the second respondent on the allegation of smuggling of PDS rice.

2.Mr.V.Manoharan, learned Additional Government Pleader takes notice for the first respondent and Mr.N.Muthuvel, learned Government Advocate (Crl. Side) takes notice for the second respondent. 3.The learned Government Advocate makes a statement this is the second occasion the petitioner's lorry is involved in smuggling and that on an earlier occasion he was slapped with a penalty of Rs.1,75,000/- Vide proceedings dated 25.01.2023 of the Assistant Commissioner. He further added that the petitioner has been served with a notice for enquiry under Section 6 A of the 2/4

Essential Commodities Act, 1955 and the enquiry is to take place on 05.10.2023.

4.Inasmuch the legal process is on, post the seizure of the vehicle, this Court deems it appropriate not to interfere with the ongoing proceedings initiated. The petitioner is now required to participate and put forth his defense before the Enquiry Officer.

5.The Writ Petition is disposed of accordingly. No costs. 21.09.2023 Tsg To 1.The District Revenue Officer, District Collector Office, Thiruvallur, Thiruvallur District.

2.State rep. by The Sub Inspector of Police, CSCID Thiruvallur Police Station, Chennai.

(Crime No.189 of 2023) 3/4

N.SESHASAYEE, J.

Tsg 21.09.2023 4/4