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M/s. Omkar Parboiled Modern, Rice & Oil Mills, Managing Director, Rep by its. Karimnagar v/s The Ex-Officio Secretary to Government, Food & Consumer Protection Department, Chennai & Another


Company & Directors' Information:- MODERN INDIA LIMITED [Active] CIN = L17120MH1933PLC002031

Company & Directors' Information:- N K OIL MILLS PVT LTD [Active] CIN = U15201GJ1994PTC022669

Company & Directors' Information:- B P OIL MILLS LIMITED [Active] CIN = U15142UP1965PLC003232

Company & Directors' Information:- INDIA RICE LTD [Under Liquidation] CIN = U01111KL1994PLC008050

Company & Directors' Information:- K P L OIL MILLS PRIVATE LIMITED [Active] CIN = U15142KL1983PTC003685

Company & Directors' Information:- R S RICE MILLS PRIVATE LIMITED [Active] CIN = U15319UP1998PTC023610

Company & Directors' Information:- P. D. R. D. RICE MILLS PRIVATE LIMITED [Active] CIN = U01403WB2009PTC132822

Company & Directors' Information:- G M T RICE MILLS PRIVATE LIMITED [Active] CIN = U15312PB2000PTC023708

Company & Directors' Information:- B S RICE MILLS PVT LTD [Active] CIN = U15312WB1991PTC051888

Company & Directors' Information:- H R RICE MILLS PRIVATE LIMITED [Active] CIN = U15312WB2008PTC128015

Company & Directors' Information:- H P RICE MILLS PRIVATE LIMITED [Dormant under section 455] CIN = U15312OR2005PTC008428

Company & Directors' Information:- A G RICE MILLS PRIVATE LIMITED [Active] CIN = U15311PB1996PTC018430

Company & Directors' Information:- N K B OIL MILLS PRIVATE LIMITED [Active] CIN = U15142KL1999PTC013095

Company & Directors' Information:- L R RICE MILLS PVT LTD [Active] CIN = U15312AS1989PTC003244

Company & Directors' Information:- G RICE INDIA LIMITED [Strike Off] CIN = U15312HP1998PLC022089

Company & Directors' Information:- K M J RICE MILLS PRIVATE LIMITED [Strike Off] CIN = U15312KL1999PTC013400

Company & Directors' Information:- K K K OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15142KL2000PTC013621

Company & Directors' Information:- K M RICE MILLS PRIVATE LIMITED [Under Process of Striking Off] CIN = U15491UP1992PTC014716

Company & Directors' Information:- P C RICE MILLS PRIVATE LIMITED [Active] CIN = U01111DL1998PTC092389

Company & Directors' Information:- M P RICE PRIVATE LIMITED [Active] CIN = U15312PB1998PTC021722

Company & Directors' Information:- G B RICE MILLS PRIVATE LIMITED [Active] CIN = U15312UP1987PTC008772

Company & Directors' Information:- OMKAR (INDIA) PRIVATE LIMITED [Active] CIN = U17119GJ1988PTC010355

Company & Directors' Information:- A P RICE MILLS PVT LTD [Active] CIN = U15312PB1993PTC013139

Company & Directors' Information:- M R RICE MILLS PRIVATE LIMITED [Active] CIN = U15312PB1986PTC006773

Company & Directors' Information:- S N OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15142HR1986PTC025702

Company & Directors' Information:- G. B. OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15326HR1985PTC019817

Company & Directors' Information:- R. OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15141DL1992PTC047883

Company & Directors' Information:- J K OIL MILLS COMPANY LIMITED [Strike Off] CIN = U15143UP1955PLC002570

Company & Directors' Information:- R K RICE MILLS PVT LTD [Active] CIN = U15312PB1988PTC008140

Company & Directors' Information:- S D RICE PRIVATE LIMITED [Strike Off] CIN = U15312PB1999PTC022547

Company & Directors' Information:- K. RICE AND OIL MILLS PRIVATE LIMITED [Active] CIN = U15319PB1993PTC012970

Company & Directors' Information:- N N OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15147MH1999PTC117989

Company & Directors' Information:- EX & EX PRIVATE LIMITED [Active] CIN = U63030KA2020PTC135759

Company & Directors' Information:- MODERN FOOD PVT. LTD. [Active] CIN = U52205OR1989PTC002256

Company & Directors' Information:- MODERN PROTECTION INDIA PRIVATE LIMITED [Active] CIN = U74920MH1985PTC036848

Company & Directors' Information:- THE RICE COMPANY INDIA PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109522

Company & Directors' Information:- J & T OIL MILLS PRIVATE LIMITED [Strike Off] CIN = U15141KL2006PTC019754

Company & Directors' Information:- A AND R OIL MILLS PVT LTD [Strike Off] CIN = U15315CH1994PTC014265

Company & Directors' Information:- B R RICE MILLS PRIVATE LIMITED [Strike Off] CIN = U01404DL1990PTC038906

Company & Directors' Information:- RICE INDIA (P) LTD. [Strike Off] CIN = U99999DL1998PTC092455

Company & Directors' Information:- PROTECTION 4 U PRIVATE LIMITED [Strike Off] CIN = U74920OR2011PTC014490

Company & Directors' Information:- N I J PROTECTION PRIVATE LIMITED [Strike Off] CIN = U93030UP2012PTC050020

Company & Directors' Information:- S J PROTECTION PRIVATE LIMITED [Strike Off] CIN = U74910DL2000PTC108237

Company & Directors' Information:- MODERN MILLS LTD [Not available for efiling] CIN = U99999MH1933PTC002037

    W.P.No. 25081 of 2004

    Decided On, 26 November 2018

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

    For the Petitioner: C. Prakasam, Advocate. For the Respondents: R1, R3, Akhil Akbar Ali, Government Advocate.



Judgment Text

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a writ of Certiorarified Mandamus call for the records in so far relate to impugned G.O.M.S.No.251, Cooperation Food and Consumer Protection Department, dated 22.08.2003 on the file of the first respondent in so far relate to 20% of the confiscation and quash the same consequently directing the 2nd respondent to disburse the market value of the seized goods.)

1. The order passed by the first respondent in G.O.M.S.No.251, Cooperation Food and Consumer Protection Department, dated 22.08.2003 ought to be challenged in the present writ petition and further direction is sought to direct the 2nd respondent to disburse the market value of the seized goods.

2. The petitioner was carrying on a business under the name and style of M/s.Omkar Parboiled Modern Rice and Oil Mills, LMD Road, Alugunoor - 505 527. Thimmapur (M) Karimnagar District, Andhra Pradesh. On 17.09.1996, the petitioner has received an order from Basheer and Co, Malappuram, Kerala State, for sale of 133 bags of rice. The petitioner had raised credit bill No.222, dated 17.09.1996 and obtained release certificate from the District Collector, Karimnagar District and loaded the said rice bags in lorry bearing Registration No.TN-57-6655 and the same was transported from Alugunoor, Andhra Pradesh to Kerala under the cover of valid bill, GVR, release certificate and invoice, when the lorry and goods on its way the same was duly been checked at the check posts enroute to Kerala.

3. The petitioner stated that Authorities checked the lorry and goods and allowed to proceed further. At the time of entering the State of Tamil Nadu, the Zu Zu Wadi check post Authorities also checked and verified the records and allowed to proceed further. The lorry when it is reached at Valayar check post, the Special Tahsildar Civil Supplies, Coimbatore (South) intercepted the vehicle and pursued the records produced by the driver and on suspicion, Authorities have not cleared the movement on the ground that there was no seal affixed by the Competent Authorities.

4. The learned counsel for the petitioner states that, the petitioner was a licensed trader in Andhra Pradesh and had transported 133 bags of rice from Aluganoor, Andhra Pradesh to Malappuram, Kerala under cover of valid bill, GVR, release certificate and invoice issued by the District Collector, Karimnagar. Therefore, he was legally transporting the rice bags to the State of Kerala from Andhra Pradesh. The respondent have illegally seized the rice bags without verifying the records properly and imposed penalty.

5. The appeal preferred by the writ petitioner was also allowed partly to the extent of 20 quintals rice bags were released. Further, the fine amount was reduced to Rs.25,000/-, challenging the said Government order, the present writ petition is filed. The first respondent, Secretary to Government, filed a counter statement by stating that on 19.09.1996, while the Special Tahsildar, (Civil Supplies), Coimbatore South was conducting vehicle check at about 10.00PM at Walayar Check post, the Special Tahsildar stopped a lorry speeding towards Kerala, bearing Registration No.TN-57-6655 checked and found that it was loaded with 133 bags of boiled rice. Verification of the documents revealed that the check post seals are not clear and no seals affixed in the last Andhra Pradesh check post.

6. As the movement of the lorry was suspicious, the Special Tahsildar retained the lorry with rice bags in the check post and sent a report to the Collector's Office. The documents were perused, M/s.Omkar Parboiled Modern Rice and Oil Mills, Alugunoor, Karimnagar (Andhra Pradesh) has sold out 133 bags of boiled rice to M/s.Basheer and Co, Malappuram, Kerala as per bill No.222, dated 17.09.1996. The District Supply Officer, Karimnaggar, Andhra Pradesh had issued permit No.13902 dated 13.09.1996 for the movement of 100 quintals of boiled rice to the Kerala State and as per the loading certificate issued by Mandal Revenue Inspector, Thimmapur, the lorry No. TN - 57 - 6655 loaded with 97.75 quintals (133 bags) boiled rice should pass through the last Andhra Pradesh Civil Supplies Check Post, Kolikonda Check Post on 19.09.1996 at 11.30 PM. But there was no seal on the bills affixed at Kolikonda check post. Further, as per the seal affixed at Zuzuwadi - Hozur Check post, the lorry crossed the check post on 19.09.1996 at 8.55 AM. This leads to a suspicion whether the Tamil Nadu rice has been transported under the guise of the Andhra Pradesh permit.

7. Thus, a notice was issued to M/s.Omkar Parboiled Modern Rice and Oil Mills, Alugunoor, Karimnagar (Andhra Pradesh) calling for explanation and personal enquiry. After hearing the accused in person, orders were passed in Collector's proceeding No.120454/96/P5 dated 19.10.1996 confiscating the entire quantity of seized rice and imposed penalty of Rs.1,26,350/- on the lorry owner. The appeal preferred by the lorry owner was partly allowed by the Government by reducing the penalty amount to Rs.25,000/- and 20 quintals of rice bag alone confiscated and rest of the rice bags are to be released by the Government.

8. This Court is of an opinion that, the District Collector has conducted an enquiry by verifying all the records and the personal enquiry was also conducted. Thus, the writ petitioner was provided with the opportunity to submit all the documents and furnish his statement and the statement of the lorry owner was also recorded. All the documents submitted by him were considered by the District Collector. Under these circumstances, this Court cannot go into the findings arrived by the District Collector which was confirmed by the Government. The power of judicial review under Article 226 of the Constitution of India can be exercised only to the extent of finding out the perversity or illegality regarding the procedures and the method adopted by the Competent Authority for arriving a conclusion.

9. In the present

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case, the enquiry was conducted by the District Collector had been confirmed by the Government. However, the Government reduced the penalty amount and further released the part of the rice bags. This being the factum of the case, this Court is not inclined to go in to the findings arrived by the District Collector which was confirmed by the Government in respect of the verifications and the enquiries done by the Competent Authorities. 10. Thus, the writ petitioner has failed to establish any acceptable grounds for the purpose of considering the relief as such sought for in the present writ petition. Accordingly, the writ petition stands dismissed. No Costs.
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