S PALANIVELU, PROPRIETOR, ASHOK TRANSPORT, GOVERNMENT TRANSPORT CONTRACTOR Vs. DISTRICT COLLECTOR AND ORS

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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.