This petition challenged a notice dated 18.03.2022 issued under Section 6-A of the Essential Commodities Act. The court found no proceedings were initiated against the petitioner and quashed the notice, dismissing the writ petition.
The impugned communication dated 18.03.2022 passed by the first respondent is quashed.
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W.P.(MD).No.5870 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.04.2022
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
W.P.(MD).No.5870 of 2022 and W.M.P.(MD).No.4630 of 2022
Siva Sakthi Enterprises, Represented by its Proprietor, K.Karthikeyan.
... Petitioner
Vs.
1.The District Revenue Officer, Thoothukudi.
2.The Inspector of Police, Thoothukudi Police Station, CSCID – Madurai. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the proceeding of the first respondent in Na.Ka.U.Po.1/33437/2021 dated 18.03.2022 and quash the same.
For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.D.Sasikumar, Additional Government Pleader.
ORDER
This Writ Petition has been filed challenging the notice dated 18.03.2022 alleged to have been passed under Section 6-A of the Essential Commodities Act.
2. Under the impugned communication, the first respondent has advised the petitioner to pay Rs.20,00,000/- being the market value of the vehicle or else the vehicle will be sold in public auction. The petitioner has filed this Writ Petition on the apprehension that proceedings under the Essential Commodities Act have already been initiated.
3. However, the learned Additional Government Pleader appearing for the respondents, today, submits that till date, no proceedings have been initiated against the petitioner under the Essential Commodities Act. He would also submit that only by following the https://hcservices.ecourts.gov.in/hcservices/ procedure established under law, and only after giving notice to the
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W.P.(MD).No.5870 of 2022
petitioner, proceedings under the Essential Commodities Act will be initiated by the respondents. Therefore, the apprehension raised by the petitioner in this Writ Petition is uncalled for.
4. Learned counsel for the petitioner seeks for quashing of the impugned communication. No prejudice would be caused to the respondents, if the impugned communication is quashed, as till date, no proceedings have been initiated by the respondents against the petitioner under the Essential Commodities Act with regard to the confiscation of his vehicle.
5. For the foregoing reasons, the impugned communication dated 18.03.2022 passed by the first respondent is hereby quashed and the Writ Petition is disposed of in the above terms. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.
Sd/-
Assistant Registrar (CS III)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
Lm
To
1.The District Revenue Officer, Thoothukudi.
2.The Inspector of Police, Thoothukudi Police Station, CSCID – Madurai.
+1 CC to M/s.C.K.M. APPAJI, Advocate ( SR-17669[F] dated 11/04/2022 )
+1 CC to M/s.SPL.GP ( SR-17538[F] dated 08/04/2022 )
W.P.(MD).No.5870 of 2022 07.04.2022
MGJ(20.04.2022) 2P 5C
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2 issues framed by the court
Whether the writ petition seeking quashing of a notice alleged to be passed under Section 6-A of the Essential Commodities Act should be allowed.
Whether quashing the impugned communication will cause prejudice to the respondents since no proceedings have been initiated.
2 provisions across 2 enactments
Siva Sakthi Enterprises, Represented by its Proprietor, K.Karthikeyan
District Revenue Officer, Thoothukudi
Inspector of Police, Thoothukudi Police Station, CSCID – Madurai
Abdul Qud Hose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
