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2013 DIGILAW 1917 (MAD)

S. Gopalakrishnan v. District Collector

2013-06-05

M.VENUGOPAL

body2013
JUDGMENT M. Venugopal, J. 1. The Petitioner has filed the present Miscellaneous Petition praying for issuance of an order by this Court to modify the order passed in W.P.No.14135 of 2013, dated 15.05.2013 in so far as it pertains to release the Tanker Lorry bearing Registration No.TN-31-AF-6670 along with 20,000 liters of diesel by the Respondent/District Collector, Puducherry and to issue an amended order to him. 2. The Learned Counsel for the Petitioner contends that when the Writ Petition has come up for hearing on 15.05.2013, this Court has passed the orders directing the release of Tanker Lorry. Further, the entire 20,000 liters of diesel loaded in the lorry kept in idle condition and not yet released. Also that, no adjudication proceedings have been initiated and it will take some time. As such, the Learned Counsel for the Petitioner prays for issuance of an order by this Court in directing the release of the Tanker Lorry bearing Registration No.TN-31-AF-6670 together with 20,000 liters of diesel. 3 .Mr.T.Murugesan, Learned Government Pleader (Puducherry) appearing for the Respondent brings it to the notice of this Court that on 30.05.2013 in Ref.No.2/Collr./RO/D2/EC Act/2013, the Respondent /District Collector has ordered the release of the vehicle viz., Tanker Lorry bearing Registration No.TN-31-AF-6670 after due verification of ownership of the vehicle and getting an undertaking for production of the vehicle before the Judicial Magistrate – I Court, Puducherry as and when required etc. 4. Moreover, the Learned Government Pleader appearing for the Respondent submits that a Show Cause Notice dated 04.06.2013 has been issued by the Respondent/District Collector, Puducherry requiring the Petitioner to appear before him in person on 10.06.2013 at 12.00 Noon in his chamber at Ground Floor, Chief Secretariat, Gubert Avenue, Puducherry to file his explanation/objection as to why a confiscation order should not be passed in regard to the seized diesel under Section 6A of the Essential Commodities Act, 1955. 5. At this stage, the Learned Counsel for the Petitioner informs this Court that the Petitioner will appear before the Respondent/District Collector, Puducherry on 06.06.2013 at 3.30 p.m. and file his objections and also to produce relevant Original Records or Papers. After receiving the explanation and other supporting documents if any filed by the Petitioner, the Respondent/District Collector, Puducherry, after providing opportunities to both parties, is directed to pass a considered/reasoned order on merits, on or before 07.06.2013. 6. After receiving the explanation and other supporting documents if any filed by the Petitioner, the Respondent/District Collector, Puducherry, after providing opportunities to both parties, is directed to pass a considered/reasoned order on merits, on or before 07.06.2013. 6. With the aforesaid observations, this Miscellaneous Petition is disposed of.