Madras High CourtWP(MD)/8489/2017disposed of

Sami. Selladurai v. The District Revenue Officer

2017-08-29Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.8489 of 2017 Sami. Selladurai

...Petitioner

-Vs1.The District Revenue Officer, Thanjavur District, Thanjavur.

2.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Thanjavur Region, Thanjavur.

...Respondents

PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 04.05.2016 to adjust 7.294 M.T. Of rice seized from the petitioner's Mill into his credit and refund the entire amount recovered from him along with interest at the rate of 12% per annum.

For Petitioner : Mr.T.Lenin Kumar For R-1 : Mr.A.Muthu Karuppan, Government Advocate.

For R-2 : Mr.D.Mayarajan

ORDER

The petitioner seeks for a direction to the respondents to consider the petitioner's representation dated 04.05.2016.

2. Heard Mr.T.Lenin Kumar, learned counsel for the petitioner, Mr.A.Muthu Karuppan , learned Government Advocate for the first respondent and Mr.D.Mayarajan, learned counsel for the second respondent.

3. The learned counsel for the petitioner would submit based on the confiscation order of the first respondent, the amount of Rs.1,17,770/- was recovered from the account of the petitioner. However, the confiscation order was set aside by the II Additional District and Sessions Judge, Thanjavur in Crl.A.No.17 of 2015 on 05.04.2016. Thereafter, he gave a representation to the respondents on 04.05.2016 for the refund of the amount and adjustment of the confiscated rice seized from the petitioner. Since no action was taken, this present writ petition has been filed.

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4. Taking into consideration of the order passed by the II Additional District and Sessions Judge, Thanjavur in Crl.A.No.17 of 2015, this Court is of the view that the respondents have to consider the representation of the petitioner dated 04.05.2016 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

5. Accordingly, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Revenue Officer, Thanjavur District, Thanjavur.

2.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Thanjavur Region,Thanjavur.

+1cc to M/S.D.MAYARAJAN, Advocate SR.No.75394 +1cc to M/S.T.LENIN KUMAR, Advocate SR.No.75246 +1cc to Special Government Pleader, SR.No.75354 sm MAS/JC/SAR2:05.09.2017:2P-6C W.P.(MD).No.8489 of 2017 29.08.2017 https://hcservices.ecourts.gov.in/hcservices/