Alagumoorthy v. The Dist.Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Alagumoorthy ... Petitioner Vs.
1.The District Revenue Officer, Viruthunagar, Viruthunagar District.
2.The Inspector of Police, Civil Supplies C.I.D., Viruthunagar District.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the first respondent to release the Bolero Maxi Truck Plus vehicle bearing Registration No.TN-67-BJ-0662 and Mahindra Supro Mino Truck vehicle bearing Registration No.TN-67-BJ-4483 seized by the second respondent on 05.06.2021, to the petitioner. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.R.Suresh Kumar Government Advocate
ORDER
This writ petition has been filed for the issue of a Writ of Mandamus, directing the respondents to release the vehicles belonging to the petitioner.
2. The case of the petitioner is that his vehicles were seized by the second respondent on 05.06.2021 and an FIR came to be registered in Crime No.72 of 2021 for the offences under Section 6
(4) of Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 and Section 7 (1) (a) (ii) of Essential Commodities Act, 1955.
3. The further case of the petitioner is that the vehicles have not been released till date and they are being kept in the Police Station exposed to rain and sun. The petitioner has also made a representation to the respondents seeking for the release of the vehicles and since the same was not acted upon, the present writ petition has been filed before this Court, seeking for appropriate directions.
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4. Heard Mr.T.Lenin Kumar, learned counsel appearing for the petitioner and Mr.R.Suresh Kumar, learned Government Advocate appearing for the respondents.
5. The learned Government Advocate appearing on behalf of the respondents submitted that the vehicles are in possession of the second respondent and the second respondent is yet to refer the matter to the first respondent to initiate confiscation proceedings.
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 vehicles to the petitioner subject to the following terms and conditions.
a) The petitioner is directed to deposit a sum of Rs.7,500/- (Rupees Seven Thousand Five Hundered only) for each vehicle before the first respondent.
b) The petitioner shall surrender all the relevant documents before the first respondent and they shall be kept in the custody of the first respondent till the completion of the confiscation proceedings.
c) The first 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 first respondent to the effect that the vehicles will be surrendered in case order of confiscation is ultimately passed by the first 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 (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3
vsm 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 Revenue Officer, Viruthunagar, Viruthunagar District.
2.The Inspector of Police, Civil Supplies C.I.D., Viruthunagar District.
+1 CC to SPL GP ( SR-20031[F] dated 23/06/2021 ) 22.06.2021 KM(02.07.2021) 3P 4C 3/3