Naveenkumar v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-09-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR
1. NAVEENKUMAR S/o.Pandu, No.34C, Murukusenar Street, R.F.Pallikonda, Vellore District.
Petitioner(s) Vs
1. The District Collector, Tiruvannamalai.
2.The Superintendent of Police Tiruvannamalai District.
3.The Additional Superintendent of Police PEW, Tiruvannamalai District.
4.The Sub-Inspector of Police Ponnur Police Station, Tiruvannamalai District. Cr.No.31/2025 Respondent(s)
PRAYER Writ Petition filed under Art.226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 3rd and 4th respondents to drop the confiscation proceedings against the petitioner vehicle No.TN23DA 3321 MARUTHI ECO STAR in respect of the said liquor and vehicle and order release of the vehicle if seized in the interest of justice and fairness and hand over to the petitioner, based on petitioner representation dated 12.07.2025 and pass such further or other orders as may deem fit and proper in the circumstances of the case and thus render justice. For Appellant(s):
T.V.G.Kartheeban For Respondent:
Mr.R.Vinothraja, GA (Crl.side) for R1 to R4
ORDER
This Writ Petition is filed for issuance of a writ of Mandamus to direct the 3rd and 4th respondents to drop the confiscation proceedings against the petitioner vehicle No.TN23DA 3321 MARUTHI ECO STAR in respect of the said liquor and vehicle and order release of the vehicle if seized in the interest of justice and fairness and hand over to the petitioner, based on petitioner representation dated 12.07.2025
2. In this writ petition, the petitioner seeks a direction directing the 3 rd
and 4 th respondents to drop the confiscation proceedings initiated against the petitioner's vehicle viz., Maruthi Eco Star bearing Regn.No.TN 23 DA 3321, which was seized by the 4 th respondent in connection with a case in Cr.No.31 of 2025 for the offences alleged under sections 4(1)(A), 4(1)(C) of the Tamil Nadu Prohibition (Amendment) Act 2024 on 06.04.2025.
3. Pending confiscation proceedings, the petitioner sent a representation on 12.07.2025 to the respondents seeking to drop the confiscation proceedings in respect of the above said vehicle and for ordering release of the vehicle. Since, his representation was not acted upon, he filed the present wit petition before this court.
4. When the matter is taken up for hearing, learned Govt. Advocate (crl.side) appearing for the respondents submitted that confiscation proceedings have already been initiated and show cause notice was also issued to the petitioner.
5. In the circumstances, it is for the petitioner to give reply to the show
cause notice within a period of 14 days from the date of receipt of show cause notice. On receipt of such reply, the respondents shall consider the same and pass orders on merits and in accordance with law.
6. It is also to be noted that since the offence involved is only with regard to seizure of small quantity of illicit liquor, while passing orders on confiscation, the authorities concerned may consider section 14(4) of the Tamil Nadu Prohibition (Amendment) Act 2024 by giving an option to the owner of the vehicle, to pay, in lieu of its confiscation, the amount not exceeding the market price of such vehicle.
7. With the above direction, this writ petition is disposed of. No costs. msr 09-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The District Collector, Tiruvannamalai.
2.The Superintendent of Police Tiruvannamalai District.
3.The Additional Superintendent of Police PEW, Tiruvannamalai District.
4.The Sub-Inspector of Police Ponnur Police Station, Tiruvannamalai District. Cr.No.31/2025
N.SATHISH KUMAR J.
msr 09-09-2025