A. ANGAMMAL AND OTHERS Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner has filed this Writ Petition seeking issuance of Writ of Certiorari to quash the impugned order passed by the first respondent, in proceedings No. Na.Ka. No. 17731/2007/K-3, dated 20.08.2007, which was confirmed by the District and Sessions Court, Erode in C.A.Nos.202 and 203 of 2007, dated 29.11.2007.

(2.) The first petitioner Angammal, who is residing at Erode District, Bhavani, had sworn to an affidavit filed in support of this writ petition contending that she is the owner of the Mini Lorry Bearing Registration No. TN-28-J-2965, which was handed over to the second petitioner, who is the Sub-contractor, arranging coolies under the SGRY scheme. The first petitioner submitted that on 24.03.2007, when the second petitioner was trying to transport 152 bags of rice each weighing 50 kg for the purpose of distributing the same to the coolie workers under the SGRY scheme with valid documents, the lorry was seized by the second respondent on suspicion that the rice is PDS rice. Therefore, the first petitioner alone sent a representation to the first respondent, to release Mini Lorry and since the first respondent has not passed any orders, the petitioners were forced to file the Writ Petitions in W.P. No. 12141 of 2007 for release of the Mini Lorry, wherein they had obtained an interim relief in respect of release of lorry, on furnishing cash security of Rs. 20,000/- and W.P. No. 12759 of 2007, for release of rice bags, and the same was disposed with a direction to the District Collector, Erode to dispose the enquiry under section 6 (A) of the Essential Commodities Act, 1955, within 8 weeks.

(3.) The first petitioner further contended that herself, the subcontractor/second petitioner and the driver had appeared before the first respondent and produced all the documents and narrated the entire facts. The first respondent had confiscated the entire goods and imposed fine amount of Rs. 25,000/-(Rupees Twenty five thousand only) on her. Against which, the petitioners herein preferred Statutory Appeal under section 6 (C) of the Essential Commodities Act, 1955 before the District and Sessions Court, Erode in C.A.Nos.202 and 203 of 2007, which were also went against the petitioners and dismissed, by, confirming the order passed by the first respondent. Assailing the correctness of the same the petitioners have approached this Court by way of this Writ Petition raising various grounds.