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Judgment
M. Jaichandren, J.—Heard Mr. T.S. Mohamed Mohidheen, the learned Counsel appearing on behalf of the Petitioner, Mr. K.M.
Vijayakumar, the learned Special Government Pleader appearing on behalf of the Respondents 1, 2 and 5, as well as Mr. R. Janakiramulu, the
learned Counsel appearing on behalf of the third Respondent.
It is stated that the Petitioner was transporting 410 bags of rice belonging to the Tamil Nadu Civil Supplies Corporation Ltd., from Madurai
Central Godown Unit II to Ilayangudi Taluk Godown, at Sivagangai Zone. While so, the Special Tahsildar, Tamil Nadu Civil Supplies Corporation
Ltd., North Zone, Madurai, seized the rice bags, on 31.01.2010. Even though the third Respondent, by his letter, dated 31.01.2010, had admitted
that the Petitioner was transporting the rice bags belonging to the Tamil Nadu Civil Supplies Corporation Ltd., Sivagangai Region, he had passed
the impugned order, dated 02.02.2010, directing the Petitioner to pay Rs. 8,11,330/- for the default committed by the Petitioner in transporting the
rice bags, as agreed upon, as per the agreement, dated 22.07.2009.
In paragraph 3 of the counter affidavit filed on behalf of the Respondents 1, 2 and 5, it is admitted that the Petitioner was transporting the rice
bags in his vehicle bearing Registration No. TN-32-T-1359 and that the said vehicle had been detained by the fifth Respondent and therefore,
there has been a delay in transporting the rice bags from Madurai Central Godown Unit II to Ilayangudi Taluk Godown at Sivagangai Zone.
The learned Counsel appearing for the Petitioner had submitted that it is clear that the delay in the transportation of the rice bags was only due to
the improper detention of the vehicle, by the fifth Respondent.
The learned Counsel appearing on behalf of the third Respondent had not disputed the said submissions made by the learned Counsel appearing
on behalf of the Petitioner that the delay in transportation of the rice bags was only due to the improper detention of the vehicle in question, by the
fifth Respondent. It is also pointed out, by the learned Counsel appearing on behalf of the Petitioner, that a criminal case registered against the
Petitioner, in Crime No. 34 of 2010, before the Judicial Magistrate Court No. III, Madurai, had already been dropped.
In view of the submissions made by the learned Counsel appearing on behalf of the Petitioner and in view of the averments made on behalf of
the Respondents, this Court finds it appropriate to set aside the impugned order of the third Respondent, dated 02.02.2010, and the second and
the fifth Respondents are directed to hand over the 410 rice bags, seized by the fifth Respondent, to the Godown of the third Respondent at
Ilayangudi, as expeditiously as possible.
Accordingly, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.