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Judgment
S.J. Mukhopadhaya, J.—Learned single Judge, by impugned order dated 1.3.06 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.
The only plea taken is that the impugned order dated 1.3.06 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.
The impugned order dated 1.3.06 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.
According to the petitioner, he is the owner of the seized vehicle and the same is being used as a common carrier.
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.
The writ petition is disposed of accordingly. No costs.
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.
The only question required to be determined in this case is whether the impugned order dated 1.3.06 requires any interference in this appeal.
It is not in dispute that the competent authority is invested with power to seize and confiscate essential commodity, u/s 6A 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 sub-clause (c) of Section 6A, which reads as follows:
6-A. Confiscation of essential commodity. - (1) Where any [essential commodity is seized] in pursuance of an order made u/s 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:]
u/s 6B, 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 u/s 6C, as quoted hereunder:
6-C. Appeal. - (1) Any person aggrieved by an order of confiscation u/s 6A 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.
Section 6E 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.
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.
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 Court''s 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. Name of the Vehicle Number Release by Release by the No. vehicle owner this office order of the (Tvl.) High Court
1 2005 S.Damodaran TN-22-E-4993 Van W.P. No. 6822/2005 4, Paddyfield dated 2.3.2005 Road, Otteri Chennai-12. 2 Sagayarajan TN-22-U-5277 Van W.P. No. 31242/05 4/32, Chidambarasamy dt. 27.9.05 3rd Street, Mylapore, Chennai 4. 3 2006 V. Dhandapani TN-04-P-1776 Van W.P. No. 5834/06 Old No. 11, New No. dt. 1.3.06 16 Sundara Vinayagar Koil Street, Old Washarmenpet Chennai 21. 4 V. Dhandapani TN-05-M-2070 Van W.P. 5834/06 Old No. 11, New dt. 1.3.2006 No. 16 Sundara Vinayagar Koil Street, Old Washarmenpet Chennai 21. 5 A.P. Ravi TN-10-K-6726 Bajaj M80 Released by this Old No. 13, New No. office as per EC 25 Nehru Street, Act provision Awai Nagar Choolaimedu, Chennai 94. 6 G. Ramalingam TN-20-A-5819 Van Released by this 17, Mangai Nagar, office as per EC Ashok Nagar, Act provision Chennai 83. 7 Panner Selvam TDH 4550 Lorry W.P. No. 12156/06 N16/N. No. 14, Anna dt. 27.4.06 Nagar 5th Street, Chetpet. 8 R. Venkatachalam TN-09-AC-1585 Mini Lorry W.P. No. 11235/06 50/2, 11th Avenue, dt. 21.4.06 Ashok Nagar, Chennai 83. 9 D. Rajendran TSA 8409 Car Released by this Amudham Colony, office as per EC south Boag Road, Act provision T. Nagar, Chennai 17. 10 Sagaadevan TN-09-Q-0454 Bajaj M-80 Released by this 40/40A, Alagiri Nagar office as per EC 4th Street, Act provision Lakshmipuram,Chennai 26. 11 Tmt. Gunavathi TN-01-W-9049 Mini Van Released by this 16/1, Vaigundapuram office as per EC Nungambakkam,Chennai 24. Act provision 12 Tmt. A. Chitra TN-09-AD-1456 Bajaj Tempo W.P. 19088/06 29, Perumal Thottam dt. 23.6.06 2nd Street, Chennai 79. 13 Tmt. K. Malligeswarar TSL 4240 Auto Released by this 38/89, Dhanapal Street office as per EC Mettupalayam, Chennai Act provision 14 Abdul Kadhar Jhilani TN-09-M-0319 Mini Van Released by this "L" Sheriff Tower office as per EC VSM Garden Street Act provision Raghavareddy Colony, Ashok Nagar, Chennai 83. 15 K. Srinivasan TN-10-M-9237 Mini Van Released by this 34, North Mada Street office as per EC Vadapalani, Chennai 26. Act provision 16 J.V. Anandaraja TN-20-AA-0500 Mini Auto Released by this 19, Sanjey Gandhi Nagar office as per EC Chennai 77. Act provision 17 T. Sadasivam TN-22-T-8406 TVS Released by this 7, 1st Floor, Deiva office as per EC Nagar Tambaram, Act provision Chennai 45. 18 T. Saravanan TN-21-T-5557 TVS 50 XL Released by this 26/57, Kalyanasundaram office as per EC Street, Kasturbai Nagar Act provision West Mambalam, Chennai. 19 J. Suresh TN-22-U-7705 TVS Champ Released by this 12/26, 3rd Cross Street office as per EC Rangarajapuram Act provision West Mambalam, Chennai 20 M. Murugan TN-AV-2615 Mini Van W.P. 19412/06 Ole No. 18, New No. dt. 27.6.06 19, Selva Muthiah Mudali Str. Chennai 14. 21 Tmt. V.Lakshmi Ammal TN-05-R-7609 Mini Van Released by this 15/4, Subbaraya Chetty office as per EC 4th Street, Nammalvarpet, Act provision Chennai 12. 22 S. Kaliappan TN-07-U-1535 M-80 Released by this 8/67, Kannagi Nagar office as per EC Thoraipakkam, Act provision Chennai 96. 23 N. Palani (Power of TN-05-P-4898 W.P. 5832/06 Attorney) 77/287, dt. 1.3.06 Chinna Thambi Naicken Street, Kosapet Chennai 12 (T.P.Gajendran) 24 G. Gopalsamy TN-09-AH-7944 Bajaj Auto Released by this Old No. 38, New office as per EC No. 26 Kannagi Act provision Street, MGR Nagar Chennai 78 25 T. Vijayaraj TN-09-AD-9520 Bajaj M-80 Released by this 157, Pachappa office as per EC Naicken Main Road, Act provision Jafferkhanpet Chennai 83. 26 Iyyakutti TN-09-V-1078 Bajaj M-80 Released by this 2, Pugazhenthi office as per EC Street Extn Act provision MGR Nagar, Chennai 78. 27 Venugopal TN-22-0949 TVS Released by this 24-C, Purushothaman office as per EC Street Pallavaram Act provision 28 Tmt. M. Rama TN-22-AP-0562 Van Released by this 45/1, New No. 714, office as per EC Bajanai Koil Street, Act provision Kovilampakkam, Chennai. 29 Paulraj Sarangapani TN-09-K-8005 Kinetic Honda Released by this Street T. Nagar, office as per EC Chennai 17. Act provision 30 Irudayaraj TN-09-CA-2831 TVS Released by this 16, K.R.Ramasamy Street office as per EC MGR Nagar, KK Nagar Act provision Chennai 78. 31 Tmt. Sathyavani TN-01-U-8248 Mini Van Released by this 1/91, Devi Nagar, office as per EC Kolathur Act provision 32 Iyyappan Raghava TN-04-Q-4502 Mini Lorry W.P. 33533/06 to Street, Choolai 32536/06 dt. Chennai 112. 29.9.06 33 Tmt. Muthulakshmi TN-10-C-3038 Bajaj Mini Van Released by this 2/135, Anna Avenue office as per EC 1st Street, Act provision Kovilampakkam Chennai 117. 34 T. Krishnamurthy AP-04-U-4584 Van Released by this 11/44, Darga Bazaar, office as per EC Prodatur, Andhra Pradesh Act provision 35 R. Kamaraj TN-01-U-4144 M-80 Released by this 1144/8, West End office as per EC Colony Anna Nagar, Act provision Chennai 40. 36 Thangaraj TN-09-AH-4084 Bajaj Tempo Released by this Old No. 2, office as per EC Tiruvallur Street Act provision Navalur 37 G. Palani TN-07-AC-4241 TVS Released by this 4/628, Venkatesapuram office as per EC Kottivakkam, Act provision Chennai 41. 38 Balakumar TN-22-Q-0388 M-80 Released by this 13, Indira Gandhi office as per EC Road Jamin Act provision Pallavaram, Chennai 39 C. Subramaniam TN-22-AH-3218 Mini Tempo Released by this 22, School Street office as per EC Irumbuliyur, Tambaram Act provision 40 Kanagaraj TN-02-T-4728 Hero Honda Released by this 32. Taramani 100 office as per EC Feet Salai Act provision Velachery, Chennai 42. 41 2007 S. Selvaraj TN-04-B-9756 Lorry Released by this 40, Kammar Street office as per EC Tiruvallur. Act provision 42 S. Mala TN-20-AE-4042 Lorry Released by this 128/126, Perumal Koil office as per EC Str. Pullarambakkam Act provision Tiruvallur. 43 Thirunavukkarasu TN-09-U-5466 Lorry Released by this North Agaram Salai office as per EC 2nd Street, Chennai 29. Act provision 44 R. Shanmugavel TN-22-AK-9792 TVS XL Released by this 2/135, Anna Avenue 1st office as per EC Street, Chennai 117. Act provision 45 M. Gowtham Raj TN-20-AW-4295 W.P.25377/06 20, Kaviarasu dt. 18.1.06 Kannadasan Nagar, Chennai 118. 46 G. Murali TN-20-AA-2569 TATA 909 Released by this 2/447, Annexe II office as per EC Balaji Nagar, Pakkam Post Act provision Thiruninravoor, Chennai 47 Tmt. B.Rajeswari TN-20-AU-4192 Tata Van Released by this 5, Periyar Street office as per EC NGO Nagar, Ponneri Act provision Tiruvellore District. 48 T. Swaminathan TN-04-M-3465 Eicher Van Released by this 157, Thirugnana office as per EC Sambandam Street, Act provision Thirumangalam, Chennai. 49 S. Lakshmanan TN-22-AL-7206 TVS Super XL Released by this 28, Mettu Street, Ponmar office as per EC Chennai 48, Kancheepuram Act provision 50 N. Paulraj TN-09-AS-4594 TVS XL Released by this A-1, 20, Venkatapuram office as per EC Saidapet, Chennai 15. Act provision 51 K. Chitravel TN-07-R-4956 Bajaj M-80 Released by this 38, Kattabomman Street office as per EC Thanthai Periyar Nagar Act provision Chennai 113.
A letter bearing No. S2/715/2006 dated 26.2.07 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 Hon''ble High Court and in the remaining 42 cases vehicles were released by the Deputy Commissioner (City) South as per the sections contained in Section 6A 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 u/s 6A of the EC Act, 1955 by the Deputy Commissioner (City) South. But certain owners of the vehicle approach the Hon''ble 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 u/s 6A of the EC Act and obtain release order from the Hon''ble High Court. The above facts may kindly be appraised to the Hon''ble High Court in this matter.
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.
In the facts and circumstances, while this Court is not inclined to interfere with the impugned order dated 1.3.06 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.
The writ appeal stands disposed of with the aforesaid observations. There shall be no order as to costs.