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Madras High CourtWP(MD)/8889/2021disposed of

Ananya K Baby v. The District Supply Officer

2021-04-30Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Ananya K.Baby

...Petitioner

Vs.

1.The District Supply Officer, Collectorate Complex, Tirunelveli, Tirunelveli District 2.The Inspector of Police, Civil Supplies C.I.D., Tirunelveli Unit, Madurai District in Crime No.43/2021 3.The District Revenue Officer Tirunelveli District.

... Respondents (R3 has been suo motu impleaded as respondent vide order of this Court dated 30.04.2021) P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to forthwith to release the petitioner's Ashok Leyland Dost bearing registration No.KL-20P-5038 from their custody on the basis of the petitioner's representation dated 31.03.2021. For Petitioner : Mr.C.Susikumar For Respondents : Mr.P.Mahendran Additional Government Pleader

O R D E R

This writ petition has been filed for the issuance of Writ of Mandamus, directing the respondents to release the vehicle belonging to the petitioner by considering his representation dated 31.03.2021.

2.The case of the petitioner is that he is the owner of the subject vehicle and this vehicle was seized by the second respondent on 05.03.2021 and an FIR came to be registered in Crime No.43/2021 for offences under Sections 6(4) of TNSC (RDCS) Order 1982 r/w 7(1) a(ii) of Essential Commodities Act 1955.

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3. The grievance of the petitioner is that the vehicle has been exposed to rain and shine and till date the vehicle has not been returned back to the petitioner. The petitioner therefore made a representation on 31.03.2021 and since the same was not acted upon, left with no other alternative, the present writ petition came to be filed before this Court seeking for appropriate directions.

4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

5. The learned Additional Government Pleader appearing on behalf of the respondents submitted that second respondent has already referred the matter before the third respondent to initiate confiscation proceedings and the same is pending. 6.Taking into consideration the facts and circumstances of the case and the nature of allegations made against the petitioner, there shall be a direction to the respondents to release the vehicle to the petitioner subject to the following terms and conditions. a) The petitioner is directed to deposit a sum of Rs.10,000/- (Rupees ten Thousand only) before the impleaded third respondent. b) The petitioner shall surrender the original RC Book before the third respondent and it shall be kept in the custody of the impleaded third respondent till the completion of the confiscation proceedings.

c)The third respondent shall immediately proceed further with the confiscation proceedings by issuing notice to the petitioner and affording him an opportunity and final order shall be passed strictly within a period of eight weeks from the date of receipt of a copy of this order and d)The petitioner shall give an undertaking before the third respondent to the effect that the vehicle will be surrendered in case order of confiscation is ultimately passed by the third respondent.

7.The petitioner is directed to make a fresh representation to the respondents along with the copy of this order. 8.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Supply Officer, Collectorate Complex, Tirunelveli, Tirunelveli District 2.The Inspector of Police, Civil Supplies C.I.D., Tirunelveli Unit, Madurai District in Crime No.43/2021 3.The District Revenue Officer Tirunelveli District.

+1 CC to M/s.GP ( SR-18395[F] dated 03/05/2021 ) 30.04.2021 ES(CO) KB(24.05.2021) 3P 5C 3/3