Madras High Court
V.Sudha vs The Additional Collector (Revenue) on 20 July, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.No.17882 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.07.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.17882 of 2022
V.Sudha ... Petitioner
Vs
1 The Additional Collector (Revenue)
Cuddalore District Cuddalore.
2 The State
rep. by The Inspector of Police,
Cuddalore Police Station,
CSCID-Chennai District.
(Cr. No. 252 of 2021) ...
Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India
for writ of Mandamus directing the 1st and 2nd respondents to handover the
possession of the Tractor bearing No.TN91-AZ-7470 with two wheel tipping
trailer bearing No. TN91-U-1135
For Petitioner : Mr.P.Chinnadurai
For Respondent : Mr.S.J.Mohamed Sathik,
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https://www.mhc.tn.gov.in/judis
W.P.No.17882 of 2022
Government Advocate
ORDER
This writ petition has been filed for mandamus seeking for a direction to the respondents 1 & 2 to handover possession of the tractor bearing No.TN91-AZ-7470 with two wheel tipping trailer bearing No.TN91-U-1135 within a time frame to be fixed by this Court.
2. The aforementioned tractor belonging to the petitioner has been seized by the second respondent under the provisions of the Essential Commodities Act. The petitioner seeks for release of the said vehicle. The petitioner has given a representation on 21.04.2022 to the respondents requesting them to release the aforementioned vehicle. Since the representation has not been considered till date, the petitioner has filed this writ petition.
3. Heard P.Chinnadurai, learned counsel for the petitioner and Mr.S.J.Mohamed Sathik, learned Government Advocate appearing for the respondents.
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4. The petitioner's vehicle namely tractor bearing No.TN91-AZ-7470 with two wheel tipping trailer bearing No.TN91-U-1135 has been seized by the second respondent under the provisions of the Essential Commodities Act. The petitioner seeking for early release of the tractor, has given a representation dated 21.04.2022 to the respondents.
5. No prejudice would be caused to the respondents, if the petitioner's representation dated 21.04.2022 is considered on merits and in accordance with law after affording a fair hearing to the petitioner including granting her the right of personal hearing, within a time frame to be fixed by this Court.
6. For the foregoing reasons, this Court directs the first respondent to pass final orders on the petitioner's representation dated 21.04.2022 requesting the respondents to hand over possession of the tractor bearing No.TN91-AZ-7470 with two wheel tipping trailer bearing No.TN91-U-1135 to her within a period of four weeks from the date of receipt of a copy of this 3/6 https://www.mhc.tn.gov.in/judis W.P.No.17882 of 2022 Order, after affording a fair hearing to the petitioner including granting her the right of personal hearing.
7. With the aforesaid direction, this writ petition is disposed of. No costs.
20.07.2022 nl 4/6 https://www.mhc.tn.gov.in/judis W.P.No.17882 of 2022 To 1 The Additional Collector (Revenue) Cuddalore District Cuddalore.
2 The Inspector of Police, Cuddalore Police Station, CSCID-Chennai District.
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