Ilankumanan.K v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.(MD)No.11416 of 2021 K.Ilankumanan ... Petitioner Vs.
1.The District Collector, District Collectorate, Thanjavur.
2.The District Supply Officer, Thanjavur District, Collectorate, Thanjavur.
3.The District Revenue Officer, Thanjavur.
4.The Senior Regional Manager, Thanjavur Region, Tamil Nadu Civil Supply Corporation, Thanjavur.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation, dated 27.07.2021 and return the 26 tonnes of the petitioner's paddy seized on 26.07.2021 by the 2nd respondent while it had been kept in three heaps near the Valathamangalam Direct Purchase Centre, Papanasam Taluk, Thanjavur District within a stipulated period of time as this Court may fix.
For Petitioner : Mr.D.Gnanasekaran For Respondents : Mr.R.Baskaran, Counsel for State
ORDER
The petitioner seeks the release of 26 tonnes of paddy which was seized on 26.07.2021 by the second respondent. 1/3
2. The petitioner states that he is a farmer who cultivates the land over which he has a lease. On account of the fact that the Direct Purchase Centres at Kannugudi and Ambalapattu Villages were overcrowded, the petitioner claims that he decided to sell his paddy at the Valathamangalam Direct Purchase Centre in Papanasam Taluk, which is within the same District, namely, Thanjavur. The petitioner transported such paddy in a Tipper Lorry and stored the same in three heaps near the Valathamangalam Direct Purchase Centre. According to the petitioner, the paddy was seized based on false information that the same belonged to a merchant.
3. In such circumstances, the petitioner requested that the seized paddy be released and also submitted a representation dated 27.07.2021 to the first respondent and a further representation dated 03.08.2021 to the second respondent. The present writ petition is filed in view of the failure of the respondents to act on the representations.
4. Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of all the respondents. He submits that the petitioner's representations may be directed to be considered and disposed of on merits.
5. Accordingly, without going into the merits of the matter, the third and fourth respondents herein are directed to consider the petitioner's representation dated 27.07.2021 and pass a reasoned order thereon within a period of thirty (30) days from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner.
6. W.P(MD).No.14475 of 2021 is disposed of on these terms without any order as to costs. Consequently, W.M.P.(MD).No.11416 of 2021 is closed.
Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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.
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To:
1.The District Collector, District Collectorate, Thanjavur.
2.The District Supply Officer, Thanjavur District, Collectorate, Thanjavur.
3.The District Revenue Officer, Thanjavur.
4.The Senior Regional Manager, Thanjavur Region, Tamil Nadu Civil Supply Corporation, Thanjavur.
+1 CC to M/s.D.GANASEKARAN, Advocate ( SR-26791[F] dated 19/08/2021 ) +1 CC to M/s.GP ( SR-26740[F] dated 19/08/2021 ) 17.08.2021 MGJ(26.08.2021) 3P 7C 3/3