Madras High CourtWP(MD)/24893/2016disposed of

Chinnasamy. P v. The Distirct Collector

2017-01-31Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.24893 of 2016 and WMP(MD)No.18003 of 2016 Chinnasamy ... Petitioner Vs.

1. The District Collector, Madurai District

2. The Additional Superintendent of Police Prohibition Enforcement Wing(PEW) Madurai District.

3. The Inspector of Police, Prohibition Enforcement Wing(PEW) Thirumangalam, Madurai District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in Na.Ka.No.94/ADSP/PEW/MD/2016 dated 01.12.2016 and to quash the same and consequently directing the 2nd respondent to release Petitioner's TVS XL 100 Vehicle, Registration No.TN 58 AW 2977 and hand it over to the Petitioner. For Petitioner : Mr.S.Bhaskar For Respondents : Mr.C.Selvaraj Spl. Government Pleader

ORDER

This writ petition is filed challenging the show cause notice issued to the petitioner calling upon him to show cause as to why the vehicle involved in the illegal transportation of liquor bottle cannot be confiscated and appropriate proceedings shall not be passed.

https://hcservices.ecourts.gov.in/hcservices/

2.According to the petitioner, the vehicle belongs to him and he has got nothing to do with the illicit transport said to have been committed by his son. Therefore, he wants to challenge the show cause notice as not maintainable.

3.I do not think that the petitioner is entitled to challenge the show cause notice on such ground as long as the competence of the authority, who issued the show cause notice, is not questioned. Therefore, it is for the petitioner to give explanation to show cause notice and await for final order to be passed in pursuant to the said show cause notice.

4.Accordingly, I find that the present writ petition is not maintainable against the show cause notice. Consequently, the writ petition is dismissed, however, with liberty to the petitioner to file an objection before the second respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such objection, the second respondent shall pass appropriate orders on merits and in accordance with law, within a period of two weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Madurai District

2. The Additional Superintendent of Police Prohibition Enforcement Wing(PEW), Madurai District.

3. The Inspector of Police, Prohibition Enforcement Wing(PEW) Thirumangalam, Madurai District.

+1cc to Mr.P.Bhaskar, Advocate, SR.No. 5724 +1cc to Special Government Pleader, SR.No.5313 W.P.(MD)No.24893 of 2016 and WMP(MD)No.18003 of 2016 31.01.2017 skn MKV-BS/14.2.2017/2p-6c https://hcservices.ecourts.gov.in/hcservices/