Disposed

Thangapandian v. the District Revenue Officer

Madras HC24 Jun 2024WP/16182/2024

Case brief

AI extract

What is this about?

Petitioner sought mandamus for release of his seized van during an ongoing Essential Commodities Act enquiry. Noting the vehicle's RC book named another person and statutory proceedings were underway, the court directed completion of those proceedings within eight weeks, considering the release request.

What did the court decide?

Respondents directed to complete Section 6A/6B proceedings within eight weeks and consider petitioner's request for release of the vehicle therein; no costs.

Thangapandian Vs the District Revenue Officer — Property and Title | Madras HC (2024)

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2024:MHC:2418

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W.P.No.16182 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.06.2024

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CORAM :

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH

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W.P.No.16182 of 2024

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Thangapandian .. Petitioner

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1.The District Revenue Officer, Coimbatore District, Coimbatore.

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2The Inspector of Police, Civil Supplies CID Chennai. Pollachi, in Crime NO. 100/2024 .. Respondents

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Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to forthwith release the petitioner's TATA INTRA Van bearing Registration No. TN-78-F-4611 from their custody on the basis of the petitioner's representation dated 05.06.2024.

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For Petitioner : Mr.R.Maheswaran

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For Respondents : Mr.P.Harish, Government Advocate for R1 Mr.S.Vinoth Kumar, Government Advocate(Crl.Side) for R2

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ORDER

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The petitioner seeks a mandamus directing the respondents to release the vehicle (TATA INTRA van) bearing Registration No. TN 78 F 4611 from their custody on the basis of his representation dated 05.06.2024.

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The petitioner relies on a decision of this Court in Bala Ganesan v The District Revenue Officer and others [dated 22.02.2024 WP(MD) No.4108 of 2024]. In that decision, the Court has granted interim 1/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.16182 of 2024

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custody, subject to that petitioner granting a certain amount to charity and setting out certain other conditions.

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Mr.P.Harish, learned Government Advocate, accepts notice for R1 and Mr.S.Vinoth Kumar, learned Government Advocate (Criminal Side), accepts notice for R2. They are armed with sufficient instructions to enable a final disposal of writ petition at this juncture.

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The primary objection raised is that the petitioner is not even the owner of the vehicle as the RC book stands in the name of another person. That apart, written instructions are also circulated to state that enquiry under Section 6A & 6B of the Essential Commodities Act, 1955 (Act) is on-going and hence appropriate view will be taken by the authorities on the representation of the petitioner dated 05.06.2024, simultaneous with the conduct of the enquiry.

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The stand of the respondents appears reasonable. The

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respondents have also circulated a decision in the case of R.Sasi Kumar v The District Revenue Officer and others in WP No. 35102 of 2022 dated 03.01.2023. In that decision, the Court has directed the respondents to dispose the petitioner's representation in accordance with law and has left the matter there.

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Upon a careful consideration of this matter, I am of the view that there is nothing untoward in the stand of the respondents. They state in written instructions in Na.Ka.1493/2024/Ki3 dated 22.05.2024 that statutory proceedings are under way. Hence it would suffice to protect the interest of both parties to merely fix an outer time frame, within which the

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https://www.mhc.tn.gov.in/judis

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2/4

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W.P.No.16182 of 2024

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proceedings would be completed. The respondents will complete the proceedings under section 6A & 6B of the Act, within a period of eight weeks from date of receipt of a copy of this order and also therein consider the prayer of the petitioner for release of the vehicle.

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At this juncture, it is relevant to note that the proceedings

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under Section 6A & 6B of the Act are stated to be qua owner of the vehicle and the petitioner does not figure anywhere therein. Be that as it may, let those proceedings be complete as directed aforesaid and in accordance with law.

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