W.P.(MD) No.15837 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2025 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.15837 of 2025 and W.M.P.(MD) No.11985 of 2025 Pechiyammal ... Petitioner Vs 1. The District Revenue Officer, Office of the District Revenue, Thoothukudi District. 2. The Inspector of Police, Civil Supplies Crime Investigation Department - Madurai, Thoothukudi. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the first respondent vide. Na.Ka.Oo.Po.1-2527107/2024, dated 01.03.2025, and quash the same for the petitioner’s concern as illegal in the manner violation of natural Justice and consequently, direct the respondents to release petitioner’s TATA INTRA vehicle Number TN-96-H-3506, as per this Court order passed in W.P.(MD)No.30306 of 2024, dated 17.12.2024. 1/5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.15837 of 2025 For petitioner : Mr. R.Senthilkumar For respondents :Mr.D.Ghandhiraj Special Government Pleader for R1 Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) for R2 ***** ORDER Heard the learned counsel for the petitioner, learned Special Government Pleader for the first respondent and learned Government Advocate (Crl.Side) for the second respondent. 2. The petitioner is the owner of a commercial vehicle bearing registration No.TN-96-H-3506 (Tata intra), which was involved in Crime No.73 of 2024 dated 13.05.2024 before the second respondent. The vehicle was seized from the custody of one Murugan/accused to whom the vehicle was leased out by the petitioner. 3. It is submitted that since the vehicle was seized, the petitioner had approached this Court in W.P.(MD) No.30306 of 2024 for provisional release of the vehicle. By an order, dated 17.12.2024, following the orders passed in the 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.15837 of 2025 similar case, the Court had ordered to release the vehicle, subject to the petitioner depositing Rs.5,000/- for interim custody. 4. It is submitted that after the petitioner secured interim custody, the vehicle has now been ordered to be confiscated under the provisions of Essential Commodities Act, 1955 r/w TNSC (RDCS) Order, 1982. In the aforesaid order, dated 01.03.2025 passed by the first respondent, the petitioner’s vehicle along with other vehicles have been ordered to be confiscated. 5. As far as the case of the petitioner is concerned, the petitioner has not been put to notice and therefore, confiscation ordered is contrary to law. 6. A reading of impugned order, dated 01.03.2025, in Na.Ka.U.Po. 1/2527107/2024 indicates that no notice was served on the petitioner before confiscation was ordered. Therefore, there is a manifest violation of principles of natural justice. 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.15837 of 2025 7. Therefore, the impugned order is set aside and the matter is remitted back to the first respondent to pass fresh orders, after notice to the petitioner herein. It is made clear that this order is confined to only Sl.No.35 in Crime No.73 of 2024. 8. The respondents are directed to release the custody of the vehicle. The custody is subject to final order to be passed in the de novo proceeding by the first respondent. 9. This Writ Petition is disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 12.06.2025 Internet : Yes / No apd To 1. The District Revenue Officer, Office of the District Revenue, Thoothukudi District. 2. The Inspector of Police, Civil Supplies Crime Investigation Department - Madurai, Thoothukudi. 4/5 https://www.mhc.tn.gov.in/judis W.P.(MD) No.15837 of 2025 C.SARAVANAN, J. apd W.P.(MD) No.15837 of 2025 12.06.2025 5/5 https://www.mhc.tn.gov.in/judis