Madras High CourtWP(MD)/15115/2024disposed of

Santhoshkumar v. The District Revenue Officer

2024-07-23Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.13254, 13255 and 13256 of 2024 1.Santhoshkumar 2.Sathiyakrishnan ... Petitioners Vs.

1.The District Revenue Officer, Tenkasi District, Tenkasi.

2.The Inspector of Police, Civil Supplies Crime Investigation Department, Tirunelveli.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the record relating to the order passed by the 1st respondent in his proceedings Na.Ka.No.COLR/4382/23-Q1 dated 31.08.2023 and quash the same as illegal, consequently directing the 1st respondent to release the 340 bags of boiled rice (each contains 50 kgs) and 100 bags of raw rice (each contains 50 kgs). 1/4

For Petitioners : Mr.T.Leninkumar For Respondents : Mr.D.Sasikumar, Addl. Government Pleader for R1.

Mr.A.Albert James, Govt. Advocate (Crl. Side) for R2.

ORDER

Heard both sides.

2.As rightly pointed out by the learned Additional Government Pleader, the impugned order of confiscation is appealable before the Sessions Court. 3.Considering the special facts and circumstances of the case, if any such appeal is filed by the petitioners within a period of three weeks from the date of receipt of a copy of this order, it shall be considered without reference to limitation. Since the issue relates to confiscation, the learned Sessions Judge will dispose of the matter on merits and in accordance with law within a period of six weeks thereafter. The learned counsel for the petitioners states that only a photocopy of the order has been served on him on the last occasion. Therefore, the petitioners are at liberty to file an appeal by enclosing the said photocopy of the order.

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4.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 23.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 25.07.2024.

To:- 1.The District Revenue Officer, Tenkasi District, Tenkasi.

2.The Inspector of Police, Civil Supplies Crime Investigation Department, Tirunelveli.

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G.R.SWAMINATHAN, J.

ias 23.07.2024 (2/2) 4/4