Subam Traders v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.3048 of 2023 Subam Traders Rep. By its Proprietor, M.Ramesh Kannan, S/o.Mariappan, No.211D/216E, South Devathanam, ... Petitioner Vs.

1.The Commissioner, Civil Supplies and Consumer Protection Department, Ezhilagam, Chennai-05.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The District Supply Officer, Virudhunagar District, Virudhunagar.

4.The Special Tahsildar, Civil Supplies, 1/4

5.The Tahsildar,.

6.The Deputy Tahsildar, 7.Ramachandiran Tahsildar, Rajapalayam, 8.Kothandam, Deputy Tahsildar, Rajapalayam, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 4 to 6 to hand over the petitioner's properties such as 285 bags of Black and Broken Rice, load Van bearing Registration No.TN-92-E-3687 Ashok Leyland Dost + RLS and Rs.49,000/- and thereby direct the respondents 1 & 2 to take appropriate disciplinary action against the respondents 7 & 8 for illegal seizure of the petitioner's above said properties and demanding illegal gratification and moreover to pay compensation for damaging the petitioner's store room based on the petitioner's representation dated 08.02.203 within a time limit that may be stipulated by this Court.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.A.K.Manikkam Special Government Pleader for R1 to R6 : No appearance for R7 2/4

ORDER

Heard the learned counsel on either side.

2. Thiru.T.Ramanathan, Special Tahsildar, Civil Supplies Taluk Office, Rajapalayam is present in person before this Court. He clarifies that what was seized from the petitioner does not belong to the Public Distribution System. They are ready to return the same to the petitioner.

3. The petitioner is permitted to approach the godown superintendent, Tamil Nadu Civil Supplies Corporation, Mudukudi Village, Rajapalayam Taluk on 07.03.2023 at 11.00 a.m.. The petition mentioned seized goods shall be returned to the petitioner. Since the respondents have not adopted an adversial approach in this case, on receipt of the petition mentioned goods from the respondents, the petitioner will treat the issue as closed. The petitioner will also execute a letter to that effect.

4. The Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is also closed.

03.03.2023 Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 06.03.2023 3/4

G.R.SWAMINATHAN, J.

rmi To 1.The Commissioner, Civil Supplies and Consumer Protection Department, Ezhilagam, Chennai-05.

2.The District Collector, Virudhunagar District, Virudhunagar.

3.The District Supply Officer, Virudhunagar District, Virudhunagar.

4.The Special Tahsildar, Civil Supplies, 5.The Tahsildar,.

6.The Deputy Tahsildar, 03.03.2023 4/4