Madras High Court
Pazhaniyammal vs The District Revenue Officer on 21 July, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.No.7303 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.07.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.7303 of 2022
Pazhaniyammal ... Petitioner
Versus
1. The District Revenue Officer,
Kallakurichi, Kallakurichi District.
2. The Inspector of Police,
Civil Supplies CID, Villupuram,
Villupuram District. ... Respondents
Petition filed under Article 226 of the Constitution of India praying to
issue Writ of Mandamus to direct the 1st respondent to release the Ashok
Leyland Dosth bearing Registration No.TN-15-B-4068 seized by the 2nd
respondent on 01.09.2021 to the petitioner.
For Petitioner : M/s.R.Hemalatha
For Respondents : Mr.S.J.Mohammed Sathik
Govt. Advocate
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to release the vehicle which was seized on 01.09.2021 under the provisions of Essential Commodities Act, 1955. https://www.mhc.tn.gov.in/judis 1/4 W.P.No.7303 of 2022
2. It is now brought to the notice of this Court that final orders of confiscation has been passed under Section 6-A of Essential Commodities Act, 1955 on 30.03.2022.
3. A copy of the said order has also been furnished to the learned counsel for the petitioner in Court by the learned Government Advocate on 30.06.2022. Learned counsel for the petitioner, on instructions, would submit that the petitioner is willing to file a statutory appeal under Section 6-C of the Essential Commodities Act, 1955 as against the order dated 30.03.2022.
4. The said submission is recorded. However, learned counsel submits that since there will be a delay in filing the appeal as the appeal will have to be filed within a period of one month, she seeks for a direction from this Court to the concerned judicial authority as per the provisions of Section 6- C of the Essential Commodities Act, 1955 to entertain the appeal despite there being a delay.
5. Since the petitioner has approached this Court, a direction sought for by the petitioner can be granted, though, within a time frame to be fixed by this Court, the statutory appeal will have to be filed. https://www.mhc.tn.gov.in/judis 2/4 W.P.No.7303 of 2022
6. For the foregoing reasons, this Court directs the petitioner to file a statutory appeal under Section 6-C of the Essential Commodities Act 1955 as against the order dated 30.03.2022 passed by the first respondent before the concerned judicial authority as prescribed under Section 6-C of the Essential Commodities Act, 1955 within a period of 15 days from the date of receipt of a copy of this order.
With the aforesaid direction, the writ petition is disposed of. No costs.
21.07.2022 sr Index: Yes/No Speaking Order/Non-Speaking Order To
1. The District Revenue Officer, Kallakurichi, Kallakurichi District.
2. The Inspector of Police, Civil Supplies CID, Villupuram, Villupuram District.
https://www.mhc.tn.gov.in/judis 3/4 W.P.No.7303 of 2022 ABDUL QUDDHOSE, J.
sr W.P.No.7303 of 2022 21.07.2022 https://www.mhc.tn.gov.in/judis 4/4