Suresh v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Suresh ...

Petitioner Vs 1 The District Revenue Officer, Kanniyakumari District, At Nagercoil.

2 The District Supply Officer, Kanniyakumari District, At Nagercoil.

3 The Special Tahsildar, Flying Squad, Kanniyakumari District.

...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorarified mandamus, to call for the records on the file of the first respondent pertaining to its impugned order in Na.Ka.UU1/4078/2023, dated 20.06.2023, and the impugned notice issued by the second respondent, dated 10.01.2025, and to quash the same and

consequently direct the first respondent to release the petitioner's Ashok Leyland Dost Ls B.S.III vehicle bearing registration No.TN 74 AJ 2820, seized on 16.03.2023, which is in the custody of the first respondent. For Petitioner :

Mr.S.C.Herold Singh For Respondents : Mr.K.S.Selvaganesan, Addl. Govt. Pleader.

ORDER

This Writ Petition is filed, seeking issuance of writ of certiorarified mandamus, to call for the records on the file of the first respondent pertaining to its impugned order in Na.Ka.UU1/4078/2023, dated 20.06.2023, and the impugned notice issued by the second respondent, dated 10.01.2025 and to quash the same and consequently direct the first respondent to release the petitioner's Ashok Leyland Dost Ls B.S.III vehicle bearing registration No.TN 74 AJ 2820, seized on 16.03.2023, which is in the custody of the first respondent.

2. When the Writ Petition is taken up for hearing, learned Additional Government Pleader, appearing for the respondents, produced the order of the first respondent dated 11.03.2024 for confiscation of the vehicle under Section 6(A) of Essential Commodities Act, 1955.

3. Against the confiscation order, an appeal shall lie before the Sessions Court under Section 6(C) of Essential Commodities Act, 1955. Therefore, this Court is not inclined to entertain this Writ Petition and, accordingly, the Writ Petition is dismissed, with liberty to challenge the confiscation order, before the Sessions Court concerned. No costs. Consequently, the connected W.M.P.(MD) Nos.2717 and 2718 of 2025 are closed.

26.02.2025 NCC :

Yes / No (2/2) Index :

Yes / No Internet :

Yes / No dixit To:

1 The District Revenue Officer, Kanniyakumari District, At Nagercoil.

2 The District Supply Officer, Kanniyakumari District, At Nagercoil.

3 The Special Tahsildar, Flying Squad, Kanniyakumari District.

VIVEK KUMAR SINGH, J.

dixit (2/2) 26.02.2025