Anas v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Anas : Petitioner Vs.

1. The District Revenue Officer, Kanyakumari District, Nagercoil.

2. The Inspector of Police, Civil Supplies C.I.D., Kuzhithurai at Kanyakumari District.

P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to release the lorry bearing registration No.KL - 74 - C - 0770 seized by the second respondent on 28.10.2024, to the petitioner. For Petitioners : Mr.T.Lenin Kumar For Respondents : Mr.J.K.Jeyaseelan Government Advocate for R1 1/5

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to release the petitioner's lorry bearing registration No.KL - 74 - C - 0770, seized by the second respondent on 28.10.2024.

2. The petitioner claims ownership of a lorry bearing registration No.KL - 74 - C - 0770 which was allegedly seized for transporting 300 bags of rice. In this regard, he submitted a representation to the first respondent for the release of the vehicle. However, since no action has been taken, the petitioner has now filed the present Writ Petition.

3. Heard both sides.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be 2/5

justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 14.11.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the first respondent to consider the same on its own merits.

6. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. 07.02.2025 Index : Yes / No Internet : Yes / No PKN 3/5

To

1. The District Revenue Officer, Kanyakumari District, Nagercoil.

2. The Inspector of Police, Civil Supplies C.I.D., Kuzhithurai at Kanyakumari District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.1854 of 2025 07.02.2025 5/5