Writ Petition No. 17564 of 1999 · Madras High Court
Case at a glance
Outcome
Disposed of
The writ petition is disposed of with the above direction
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 66. Considering the facts and circumstances of the case, the petitioners are granted liberty to file an appeal before the designated appellate authority, as provided under the law, within aperiod of four weeks from the date of receipt of a copy of this order. On…
Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 27-11-2007CORAMTHE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.17564 of 19991. V.Natarajan2. Rasool Ahmed .. PetitionersVersus1.The District Collector Cuddalore2. The Inspector of Police CS CID, Cuddalore.. Respondents. Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of certiorari to call for the entire records relating to the proceedings of the first respondent in his proceedings No.K.5/44564/99, dated 9.10.1999 and quash the same. For petitioners: Mr.C.Prakasam For respondents : Mr.V.Manoharan Government Advocate
O R D E RHeard Mr.C.Prakasam, the learned counsel appearing for the petitioners and Mr.V.Manoharan, the learned Government Advocateappearing for the respondents.
It is submitted by the learned counsel appearing for the petitioners that 200 bags of rice, which were being transported from Kachirayapalayam to the petitioners' premises at Kambalikarankuppam, had been seized, on 21.6.1999, alleging that the goods had been transported with ulterior motive to carry on illicit business.
The main contention of the petitioners is that the allegations made by the respondents are false and it is for the respondents to substantiate them with sufficient roof. https://hcservices.ecourts.gov.in/hcservices/
It is submitted by the learned counsel appearing on behalf of the respondents that as against the impugned order passed by the first respondent, a statutory appeal is available to the petitioner, under Section 6-C of the Essential Commodities Act, 1955. Section 6-C of the Essential Commodities Act, 1955, reads as follows: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 Governmentshall, after giving an opportunity to the appellant to beheard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against. (2) Where an order under Section 6-A is modified or annulled by the State Government, or where in aprosecution instituted for the contravention of the orderin respect of which an order of confiscation has been made under Section 6-A, the person concerned is acquitted, and in either case it is not possible for any reason to return the essential commodity seized, such persons shall, exceptas provided by sub-section (3) of section 6-A, be paid the price therefor as if the essential commodity had been sold to the Government with reasonable interest calculated from the day of the seizure of the essential commodity and such price shall be determined -(i) in the case of food grains, edible oilseeds oredible oils, in accordance with the provisions of sub-section (3-B) of section 3;(ii) in the case of sugar, in accordance with the provisions of sub-section (3-C) of section3 ; and(iii) in the case of any other essential commodity, in accordance with the provisions of sub-section (3) of section 3.
However, the learned counsel appearing for the petitioners had submitted that at the time of the filing of the writ petition, the appellate authority had not been designated, as provided under the Act. Therefore, the petitioners have come before this Court, byway of filing the present writ petition, under Article 226 of the Constitution of India. It is submitted that at present the concernedDistrict Courts have been designated as the appellate forum, under Section 6-C of the Essential Commodities Act, 1955, to hear and decide the appeals. https://hcservices.ecourts.gov.in/hcservices/
Operative part
Considering the facts and circumstances of the case, the petitioners are granted liberty to file an appeal before the designated appellate authority, as provided under the law, within aperiod of four weeks from the date of receipt of a copy of this order. On such appeal being filed, the appellate authority is expected to dispose of the same, expeditiously. The writ petition is disposed of with the above direction. Nocosts.rpaSd/-Asst. Registrar./true copy/Sub Asst. Registrar. To1.The District Collector, Cuddalore2. The Inspector of Police CS CID, Cuddalore1 cc to Mr.C.Prakasam, Advocate, SR.708811 cc to Government Pleader. SR.70435skv (co)dv/6.12.Writ Petition No.17564 of 1999
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition is disposed of with the above direction
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.