The Deputy Commissioner of Civil Supplies Chepauk, Chennai & Another v. S. Damodaran
2007-03-23
R.SUDHAKAR, SUDHANSU JYOTI MUKHOPADHAYA
body2007
DigiLaw.ai
Judgment :- S.J. Mukhopadhaya, J. Learned single Judge, by impugned order dated 3. 06 passed in W.P. No.5831/06, having directed to release the vehicle in question (mini van bearing Registration No. TN-21-E-4993) on certain conditions, the present appeal has been preferred by the authorities of the State against such order. 2. The only plea taken is that the impugned order dated 3. 06 was passed without giving opportunity to the appellants, who were the respondents in the writ petition and without taking into consideration the relevant facts and merits of the case. 3. The impugned order dated 3. 06 passed by the learned single Judge in W.P. No.5831/06 reads as follows: - "The petitioner seeks for the issuance of a writ of mandamus to direct the first respondent to release the mini van bearing Registration No.TN-21-E-4993 seized on 25.01.2006 by the second respondent at No.104, Kandasami Koil Street, Kosapet, Chennai 600 012 to the petitioner. 2. According to the petitioner, he is the owner of the seized vehicle and the same is being used as a common carrier. 3. Taking into consideration of the relief prayed for, the first respondent is directed to release the mini van bearing Registration No.TN-21-E-4993 on the petitioner fulfilling the following conditions: .(i) The petitioner shall establish the ownership of the vehicle by producing necessary certificate before the first respondent; .(ii) The petitioner shall not alienate the vehicle in any manner till adjudication is over; (iii) The petitioner shall deposit a sum of Rs.10,000/= (Rupees Ten Thousand only) by way of cash with the first respondent; and (iv) The petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future and also to produce the vehicle as and when required by the first respondent. 4. The writ petition is disposed of accordingly. No costs." 4. From the aforesaid impugned order it is apparent that the learned single Judge passed the order simply on the basis of the prayer as was made by the respondent/writ petitioner and it is not a reasoned or speaking order. 5. The only question required to be determined in this case is whether the impugned order dated 3. 06 requires any interference in this appeal. 6.
5. The only question required to be determined in this case is whether the impugned order dated 3. 06 requires any interference in this appeal. 6. It is not in dispute that the competent authority is invested with power to seize and confiscate essential commodity, under Section 6-A of the Essential Commodities Act, 1955 (hereinafter referred to as Act). Any animal, vehicle, vessel or any other conveyance used in carrying such essential commodity could also be seized under subclause (c) of Section 6-A, which reads as follows :- "6-A. Confiscation of essential commodity. -(1) Where any [essential commodity is seized] in pursuance of an order made under section 3 in relation thereto, [a report of such seizure shall, without unreasonable delay, be made to] the Collector of the district or the Presidency town in which such [essential commodity is seized] and whether or not a prosecution is instituted for the contravention of such order, the Collector [may, if he thinks it expedient so to do, direct the essential commodity so seized to be produced for inspection before him, and if he is satisfied] that there has been a contravention of the order [ may order confiscation of -- (a)**** (b)**** (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity:]" .7. Under Section 6-B, the competent authority is bound to issue show cause notice to the owner of such commodity, package or vehicle before confiscation. A remedy by way of appeal is prescribed under Section 6-C, as quoted hereunder:- ."6-C. Appeal. - (1) Any person aggrieved by an order of confiscation under section 6-A may, within one month from the date of the communication to him of such order, appeal to [the State Government concerned and the State Government] shall, after giving an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against." 8. Section 6-E bar jurisdiction of courts in certain cases, but that do not take away the power of High Court under Article 226 or the power of the Supreme Court. Therefore, it is evident that the High Court has jurisdiction to pass order to release the commodity or the seized vehicle in a petition under Article 226. .9.
Section 6-E bar jurisdiction of courts in certain cases, but that do not take away the power of High Court under Article 226 or the power of the Supreme Court. Therefore, it is evident that the High Court has jurisdiction to pass order to release the commodity or the seized vehicle in a petition under Article 226. .9. Counsel for the appellant-State submitted that there being an alternative remedy of appeal, generally High Court should not entertain a petition under Article 226. On the other hand, according to the counsel for the respondent/writ petitioner, the alternative remedy is not efficacious; the petitions for releasing the vehicle are not disposed of in time and, therefore, the High Court interferes with the matter under Article 226 of the Constitution of India. 10. In view of the aforesaid stand taken by the respondent/writ petitioner, the appellants were directed to file affidavit showing the number of vehicles seized during the last three months, number of petitions, if any, filed for release of such vehicle and the number of cases where orders passed in one or other way. Pursuant to the Courts order, the appellants have filed a chart showing the details of applications preferred in one or other case for release of vehicle and the order passed therein, as quoted hereunder: - S.No. Name of the vehicle owner (Tvl.) Vehicle Number Release by this office Release by the order of the High Court 1 2005 S.Damodaran 4, Paddyfield Road, Otteri Chennai-12. TN-22-E-4993 Van W.P. No.6822/2005 dated 3. 2005 2 Sagayarajan 4/32, Chidambarasamy 3rd Street, Mylapore, Chennai 4. TN-22-U-5277 Van W.P. No.31242/05 dt. 29. 05 3 2006 V.Dhandapani Old No.11, New No.16 Sundara Vinayagar Koil Street, Old Washarmenpet Chennai 21. TN-04-P- 1776 Van W.P. No.5834/06 dt. 3. 06 4 V.Dhandapani Old No.11, New No.16 Sundara Vinayagar Koil Street, Old Washarmenpet Chennai 21. TN-05-M-2070 Van W.P. 5834/06 dt. 3. 2006 5 A.P.Ravi Old No.13, New No.25 Nehru Street, Awai Nagar Choolaimedu, Chennai 94. TN-10-K-6726 Bajaj M80 Released by this office as per EC Act provision 6 G.Ramalingam 17, Mangai Nagar, Ashok Nagar, Chennai 83. TN-20-A-5819 Van Released by this office as per EC Act provision 7 Panner Selvam N16/N.No.14, Anna Nagar 5th Street, Chetpet. TDH 4550 Lorry W.P. No.12156/06 dt. 24. 06 8 R.Venkatachalam 50/2, 11th Avenue, Ashok Nagar, Chennai 83. TN-09-AC-1585 Mini Lorry W.P. No.11235/06 dt. 24.
TN-20-A-5819 Van Released by this office as per EC Act provision 7 Panner Selvam N16/N.No.14, Anna Nagar 5th Street, Chetpet. TDH 4550 Lorry W.P. No.12156/06 dt. 24. 06 8 R.Venkatachalam 50/2, 11th Avenue, Ashok Nagar, Chennai 83. TN-09-AC-1585 Mini Lorry W.P. No.11235/06 dt. 24. 06 9 D.Rajendran Amudham Colony, south Boag Road, T.Nagar, Chennai 17. TSA 8409 Car Released by this office as per EC Act provision 10 Sagaadevan 40/40A, Alagiri Nagar 4th Street, Lakshmipuram Chennai 26. TN-09-Q-0454 Bajaj M-80 Released by this office as per EC Act provision 11 Tmt.Gunavathi 16/1, Vaigundapuram Nungambakkam Chennai 24. TN-01-W-9049 Mini Van Released by this office as per EC Act provision 12 Tmt. A.Chitra 29, Perumal Thottam 2nd Street, Chennai 79. TN-09-AD-1456 Bajaj Tempo W.P. 19088/06 dt. 26. 06 13 Tmt. K.Malligeswarar 38/89, Dhanapal Street Mettupalayam, Chennai TSL 4240 Auto Released by this office as per EC Act provision 14 Abdul Kadhar Jhilani "L" Sheriff Tower VSM Garden Street Raghavareddy Colony, Ashok Nagar, Chennai 83. TN-09-M-0319 Mini Van Released by this office as per EC Act provision 15 K.Srinivasan 34, North Mada Street Vadapalani, Chennai 26. TN-10-M-9237 Mini Van Released by this office as per EC Act provision 16 J.V.Anandaraja 19, Sanjey Gandhi Nagar Chennai 77. TN-20-AA-0500 Mini Auto Released by this office as per EC Act provision 17 T.Sadasivam 7, 1st Floor, Deiva Nagar Tambaram, Chennai 45. TN-22-T-8406 TVS Released by this office as per EC Act provision 18 T.Saravanan 26/57, Kalyanasundaram Street, Kasturbai Nagar West Mambalam, Chennai. TN-21-T-5557 TVS 50 XL Released by this office as per EC Act provision 19 J.Suresh 12/26, 3rd Cross Street Rangarajapuram West Mambalam, Chennai TN-22-U-7705 TVS Champ Released by this office as per EC Act provision 20 M.Murugan Ole No.18, New No.19, Selva Muthiah Mudali Str. Chennai 14. TN-AV-2615 Mini Van W.P. 19412/06 dt. 26. 06 21 Tmt. V.Lakshmi Ammal 15/4, Subbaraya Chetty 4th Street, Nammalvarpet, Chennai 12. TN-05-R-7609 Mini Van Released by this office as per EC Act provision 22 S.Kaliappan 8/67, Kannagi Nagar Thoraipakkam, Chennai 96. TN-07-U-1535 M-80 Released by this office as per EC Act provision 23 N.Palani (Power of Attorney) 77/287, Chinna Thambi Naicken Street, Kosapet Chennai 12 (T.P.Gajendran) TN-05-P-4898 W.P.5832/06 dt. 3. 06 24 G.Gopalsamy Old No.38, New No.26 Kannagi Street, MGR Nagar Chennai 78 TN-09-AH-7944 Bajaj Auto Released by this office as per EC Act provision 25 T.Vijayaraj 157, Pachappa Naicken Main Road, Jafferkhanpet Chennai 83.
3. 06 24 G.Gopalsamy Old No.38, New No.26 Kannagi Street, MGR Nagar Chennai 78 TN-09-AH-7944 Bajaj Auto Released by this office as per EC Act provision 25 T.Vijayaraj 157, Pachappa Naicken Main Road, Jafferkhanpet Chennai 83. TN-09-AD-9520 Bajaj M-80 Released by this office as per EC Act provision 26 Iyyakutti 2, Pugazhenthi Street Extn MGR Nagar, Chennai 78. TN-09-V-1078 Bajaj M-80 Released by this office as per EC Act provision 27 Venugopal 24-C, Purushothaman Street Pallavaram TN-22-0949 TVS Released by this office as per EC Act provision 28 Tmt. M.Rama 45/1, New No.714, Bajanai Koil Street, Kovilampakkam, Chennai. TN-22-AP-0562 Van Released by this office as per EC Act provision 29 Paulraj Sarangapani Street T.Nagar, Chennai 17. TN-09-K-8005 Kinetic Honda Released by this office as per EC Act provision 30 Irudayaraj 16, K.R.Ramasamy Street MGR Nagar, KK Nagar Chennai 78. TN-09-CA-2831 TVS Released by this office as per EC Act provision 31 Tmt. Sathyavani 1/91, Devi Nagar, Kolathur TN-01-U-8248 Mini Van Released by this office as per EC Act provision 32 Iyyappan Raghava Street, Choolai Chennai 112. TN-04-Q-4502 Mini Lorry W.P.33533/06 to 32536/06 dt. 29. 06 33 Tmt. Muthulakshmi 2/135, Anna Avenue 1st Street, Kovilampakkam Chennai 117. TN-10-C-3038 Bajaj Mini Van Released by this office as per EC Act provision 34 T.Krishnamurthy 11/44, Darga Bazaar, Prodatur, Andhra Pradesh AP-04-U-4584 Van Released by this office as per EC Act provision 35 R.Kamaraj 1144/8, West End Colony Anna Nagar, Chennai 40. TN-01-U-4144 M-80 Released by this office as per EC Act provision 36 Thangaraj Old No.2, Tiruvallur Street Navalur TN-09-AH-4084 Bajaj Tempo Released by this office as per EC Act provision 37 G.Palani 4/628, Venkatesapuram Kottivakkam, Chennai 41. TN-07-AC-4241 TVS Released by this office as per EC Act provision 38 Balakumar 13, Indira Gandhi Road Jamin Pallavaram, Chennai TN-22-Q-0388 M-80 Released by this office as per EC Act provision 39 C.Subramaniam 22, School Street Irumbuliyur, Tambaram TN-22-AH-3218 Mini Tempo Released by this office as per EC Act provision 40 Kanagaraj 32. Taramani 100 Feet Salai Velachery, Chennai 42. TN-02-T-4728 Hero Honda Released by this office as per EC Act provision 41 2007 S.Selvaraj 40, Kammar Street Tiruvallur. TN-04-B-9756 Lorry Released by this office as per EC Act provision 42 S.Mala 128/126, Perumal Koil Str. Pullarambakkam Tiruvallur. TN-20-AE-4042 Lorry Released by this office as per EC Act provision 43 Thirunavukkarasu North Agaram Salai 2nd Street, Chennai 29.
TN-02-T-4728 Hero Honda Released by this office as per EC Act provision 41 2007 S.Selvaraj 40, Kammar Street Tiruvallur. TN-04-B-9756 Lorry Released by this office as per EC Act provision 42 S.Mala 128/126, Perumal Koil Str. Pullarambakkam Tiruvallur. TN-20-AE-4042 Lorry Released by this office as per EC Act provision 43 Thirunavukkarasu North Agaram Salai 2nd Street, Chennai 29. TN-09-U-5466 Lorry Released by this office as per EC Act provision 44 R.Shanmugavel 2/135, Anna Avenue 1st Street, Chennai 117. TN-22-AK-9792 TVS XL Released by this office as per EC Act provision 45 M.Gowtham Raj 20, Kaviarasu Kannadasan Nagar, Chennai 118. TN-20-AW-4295 W.P.25377/06 dt. 11. 06 46 G.Murali 2/447, Annexe II Balaji Nagar, Pakkam Post Thiruninravoor, Chennai TN-20-AA-2569 TATA 909 Released by this office as per EC Act provision 47 Tmt. B.Rajeswari 5, Periyar Street NGO Nagar, Ponneri Tiruvellore District. TN-20-AU-4192 Tata Van Released by this office as per EC Act provision 48 T.Swaminathan 157, Thirugnana Sambandam Street, Thirumangalam, Chennai. TN-04-M-3465 Eicher Van Released by this office as per EC Act provision 49 S.Lakshmanan 28, Mettu Street, Ponmar Chennai 48, Kancheepuram TN-22-AL-7206 TVS Super XL Released by this office as per EC Act provision 50 N.Paulraj A-1, 20, Venkatapuram Saidapet, Chennai 15. TN-09-AS-4594 TVS XL Released by this office as per EC Act provision K.Chitravel 38, Kattabomman Street Thanthai Periyar Nagar Chennai 113. TN-07-R-4956 Bajaj M-80 Released by this office as per EC Act provision 11. A letter bearing No.S2/715/2006 dated 22. 07 written by the Dy. Commissioner (City South), Civil Supplies and Consumer Protection Department, Chennai to the Special Government Pleader, is also produced, which reads as hereunder: - "With reference to your letter cited, I wish to state that during the period from January 2005 to February 2007 (till date), 52 applications have been received of which in 10 cases vehicles were released on the orders of the Honble High Court and in the remaining 42 cases vehicles were released by the Deputy Commissioner (City) South as per the sections contained in Section 6-A Essential Commodity Act, 1955. Whenever petition is received from the owners of the vehicles requesting release, normally orders will be passed in this office within a week time for the release of the vehicle after collecting security as provided in the rules, pending enquiry under Section 6-A of the EC Act, 1955 by the Deputy Commissioner (City) South.
Whenever petition is received from the owners of the vehicles requesting release, normally orders will be passed in this office within a week time for the release of the vehicle after collecting security as provided in the rules, pending enquiry under Section 6-A of the EC Act, 1955 by the Deputy Commissioner (City) South. But certain owners of the vehicle approach the Honble High Court without either presenting an application to the Deputy Commissioner (City) South requesting the release of the vehicle, or concealing the fact of pendency of enquiry of the case before the Deputy Commr. (City) South under Section 6-A of the EC Act and obtain release order from the Honble High Court. The above facts may kindly be appraised to the Honble High Court in this matter." 12. From the aforesaid chart and the letter it will be evident that there is not only an alternative remedy available, but such remedy is also efficacious. In fact, orders have been passed in many cases within 7 to 10 days from the date of application. From one of such order produced before Court, it appears that the appellate authority also ordered to release the vehicle on certain conditions, as put in the present case. 13. In the facts and circumstances, while this Court is not inclined to interfere with the impugned order dated 3. 06 passed by the learned single Judge in W.P. No.5831 of 2006, observe as follows: - a) In case any essential commodity or any commodity, package, vehicle, animal, etc., is seized or confiscated and the person from whom such commodity or vehicle is seized, or the owner of the commodity or vehicle intends to get an order for release of the commodity or vehicle, they should first avail the alternative remedy before the competent authority for release of such commodity or vehicle for the grounds and reasons as may be taken by the aggrieved persons; b) In case such application for release of the commodity, package or vehicle is filed, the competent authority/appellate authority will dispose of the application immediately, preferably within a week.
In case of any adverse decision, the ground should be communicated to the applicant; c) Only when the competent authority/appellate authority fail to discharge their duty, the concerned person may move straight away before the High Court under Article 226 of the Constitution of India for appropriate relief; d) However, it is always open to the High Court to pass appropriate order under Article 226, but generally it should be reluctant to grant such relief if the party fails to take recourse to alternative remedy. 12. The writ appeal stands disposed of with the aforesaid observations. There shall be no order as to costs.