T.M.S.Enterprises. v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD) No. 14681 of 2021 M/s.T.M.S.Enterprises represented by its Proprietor, G.Saroja, NO.490/2C, Thendral Nagar, Thaanthonimalai, Karur District.
... Petitioner Vs.
1.The District Collector, Karur District, Karur.
2.The Additional Director General of Police (ADGP), Tamilnadu Civil Supplies, Criminal Investigation Wing (CSCID), Nandhanam, Chennai - 600 035.
3.The Superintendent of Police, Karur District.
... Respondents PRAYER: The Writ Petition is filed under Section 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, forbearing the respondents not to interfere with the petitioner's business operation and transportation of oil products through the vehicle bearing registration number:TN - 28 - M 2877, without following due process of law by harassing the petitioner and their employees.
For Appellant : Mr.R.Rajamohan for M/s.Dhana Law Associates For Respondents : Mr.R.Meenakshi Sundaram Add. Public Prosecutor
ORDER
This petition has been filed for issuance of Writ of Mandamus, forbearing the respondents not to interfere with the petitioner's business operation and transportation of oil products through the vehicle bearing registration number:TN - 28 - M 2877, without following due process of law by harassing the petitioner and their employees.
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2.When the matter is taken up for hearing, the learned Additional Public Prosecutor submitted that because of GST violation Inspection was undertaken by the officials.
3.The grievance of the petitioner is that on the guise of making checkup and verifying the documents, vehicle have been ordered to be stationed four to six hours together and so, commodities used to get damaged. According to him, frequent harassment has been made against petitioner.
4.It is the duty of the respondent officials to make routing vehicle checkup. It cannot be denied and disputed. But if any specific incident with regard to the willful act on the part of the respondents, the petitioner can very well make a complaint before the concerned authorities. Without making a specific incident and complaint an omnibus order cannot be passed by this Court without any basis.
5.With the above said observation, this petition is liable to be dismissed. If any trouble arises in future on specific incident, this petitioner is at liberty to seek appropriate remedy before appropriate authority.
6.With the above liberty, this petition is dismissed. No costs.
Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Collector, Karur District, Karur.
2.The Additional Director General of Police (ADGP), Tamilnadu Civil Supplies, Criminal Investigation Wing (CSCID), Nandhanam, Chennai - 600 035.
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3.The Superintendent of Police, Karur District.
4. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.DHANA LAW ASSOCIATES, Advocate ( SR-30957[F] dated 01/10/2021 ) 29.09.2021 SE(CO) KB(20.10.2021) 3P 6C 3/3