The writ petition seeking release of a seized lorry was disposed of by directing the petitioner to participate in an enquiry scheduled under the Essential Commodities Act, with the outcome to be reported to the Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2024:MHC:2646
W.P.No.15567 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2024
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.No.15567 of 2024
1 K.Mani
... Petitioner
Vs
.... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to release the Lorry bearing Registration No TN - 69- -AF - 7834 seized by the 2nd respondent on 09.04.2024 to the petitioner.
For Petitioner : Mr.C.Prakasam
For Respondents : Mr.U.Baranidharan Additional Government Pleader - R1 Mr.S.Vinoth Kumar Government Advocate (Crl.Side) - R2
1/4
W.P.No.15567 of 2024
O R D E R
Read this order in continuation of and in conjunction with order
dated 18.06.2024 that reads as follows:
Mr.U.Baranidharan, learned Additional Government Pleader accepts notice for R1 and Mr.S.Vinoth Kumar, learned Government Advocate (Crl.Side) accepts notice for R2. Both learned counsel would raise objection to the grant of the petitioner's prayer.
2. Learned counsel for R2 would allege suppression of material facts insofar as he states that the petitioner, who was the owner-cumdriver of the vehicle which had been found carrying PDS rice of a value of Rs.4.13 lakhs (approx.), was remanded and is now on bail. He states that the affidavit is silent in regard to these facts and hence the petitioner has not approached this Court with clean hands.
3. Learned counsel for R1 would submit that enquiry under
Section 6-B of the Essential Commodities Act, 1955 is scheduled on 08.07.2024.
4. In light of the aforesaid, the petitioner is directed to co-
operate and participate in the enquiry on 08.07.2024. The outcome of the enquiry will be reported to this Court on the next date of hearing.
5. List on 10.07.2024 at the end of admission list. Written
2/4
W.P.No.15567 of 2024
instructions/counter by then with an advance copy served upon the
petitioner.
petitioner appeared with some particulars in support of his contentions and the matter was heard in part and adjourned to 15.07.2024, per the instructions of the learned Additional Government Pleader.
of the matter, let the petitioner appear before the authorities on 15.07.2024 and put forth his case. Orders will be passed by the respondents in accordance with law as expeditiously as possible.
sl 10.07.2024 Index:Yes/No (1/2) Speaking order:Yes Neutral Citation:Yes
To
3/4
W.P.No.15567 of 2024
Dr.ANITA SUMANTH,J.
Sl
W.P.No.15567 of 2024
10.07.2024
1/2
4/4
1 issue framed by the court
Whether the petitioner is entitled to the release of the seized lorry under Article 226 of the Constitution.
1 provisions across 1 enactments
K. Mani
The District Revenue Officer Coimbatore Coimbatore District
The Inspector Of Police Civil Supplies Cid Pollachi Coimbatore District
Dr. Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
