Rasappan, Shri Manikanda Oil Mills and C. Subramanian vs The Distict Collector and The Inspector of Police Civil Supplies Crime Investigation Team

A.K. Rajan, J.—The petitioner filed the above writ petition praying to issue a writ of Certiorari to call for the records pertaining to the

culminating proceedings of the first respondent dated 11.05.200 made in Na.Ka.No.72249/99/Ka.3 passed u/s 6(A) of the Essential

Commodities Act 1955, quash the same.

This writ petition is filed against the order of confiscation of coconut copras and the mini lorry which carried coconut copras on the ground that

there was no valid bills when it was intercepted on 31.07.1999 by the second respondent; the petitioner moved the District Collector and obtained

the custody of the goods as well as the lorry after furnishing cash security by way of deposit. Thereafter, the first respondent passed an order on

11.05.2000 whereby the first respondent imposed fine on the owner of the lorry for the violation committed, whereby a sum of Rs.32,000/- each

from the owner of goods who transported the coconut copras as well as the owner of the lorry was directed to be deposited by them. Against the

same, the petitioner presented an appeal before the Government and the Government returned his appeal on the ground that it has no power to

decide the appeal. Against which the petitioner has come forward with the above writ petition.

The impugned order dated 21.06.2000 is as follows:

I am directed to refer to the appeal petition dated 5.6.2000 against the order of confiscation of the District Collector, Erode in the proceeding first

cited. I am to state that the Essential Commodities (Special Provisions) Act, 1981, which empowered the State Government to entertain the

Appeal u/s 6C of the Essential Commodities Act, 1955 has lapsed. As per the Essential Commodities (Special Provisions) Ordinance, 1998

promulgated by the President, Appellate powers have not been vested with the State Government at present and the position prior to the

enactment of Essential Commodities (Special Provisions) Act, 1981 had come into effect. The Government are taking steps to notify the Courts to

hear the appeals in consultation with the High Court, Chennai"".

The Essential Commodities( Special Provisions) Act 1981 lapsed as it was not extended and therefore the Government has no power to decide

the appeal. Therefore the position as it existed prior to passing of the ""The Essential Commodities (Special Provisions) Act 1981 revives. That is

against the order of the Collector, appeal lies to the District Court and not to the Government.

Therefore, the petitioner is directed to approach the District Court, Erode by way of appeal, within a period of two weeks from the date of receipt

of a copy of this order. On such appeal by the petitioner, the District Court, Erode is directed to take it on file subject to law of limitation (when

calculating the limitation, the Period when this matter was pending in this Court shall be excluded) and to dispose of the matter and decide the same

in accordance with law, on merits, within three months.

With the above direction, the writ petition is disposed of.