Subject matter of the writ petition is 340 bags of rice transported in two lorries, bearing Registration Nos.TN 45 Z 0734 and TN 28 X 5631. 2 While in transit, lorries were seized by the Inspector of Police having jurisdiction over civil supplies matters (referred to as CS CID in the writ affidavit). They were seized on the allegation that the said rice bags may be intended to be taken to the State of Kerala. There was seizure and fine was imposed. The matter was carried by way of an appeal to the Government. In appeal, the Government passed an order dated 4.12.2002 vide G.O.Ms.No.417, Cooperation, Food and Consumer Protection Department and two salient aspects of the order, which are relevant for the instant writ petition are as follows :
(a)Seized quantity of rice bags was reduced to 25%;
(b)Find imposed was reduced to 15% 3 Net result of the above order of the Government dated 4.12.2002 (G.O.Ms.No.417, Cooperation, Food and Consumer Protection Department) is that the writ petitioner would be entitled to disbursement of the market value of the released rice bags, which according to the writ petitioner is 178 odd quintals. 4 The second respondent before me, i.e., Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., has filed a counter affidavit dated 9.6.2009. Mr.S.Ramachandran, learned counsel appearing for the second respondent draws my attention to paragraph 8 of the counter affidavit, which reads as follows :
8.I submit that the net amount of Rs.40,037/- was paid to the Special Tahsildar (Civil Supplies), Coimbatore South towards the cost of said rice stock as detailed below :-
Cost of 23.800 M.Tons of Boiled Rice (Common) @ Rs.1.72 per Kg. being the whole saler's issue price to retailer Rs.40,936.00 DEDUCT : - 1. 2% of the service charge Rs.819
2. Charge for 2 Quality certificates Rs. 80
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Rs.899
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Rs.899.00
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Net amount paid Rs.40,037/-
5 Adverting to paragraph 8, learned counsel for the second respondent submits that a sum of Rs.40,037/- has been paid by the second respondent to the Special Tahsildar (Civil Supplies), Coimbatore South. Therefore, I have impleaded the Special Tahsildar (Civil Supplies), Coimbatore South as third respondent in this writ petition. Learned counsel for the second respondent fairly submits that the writ petitioner is entitled to get this money, but he has to approach the said Special Tahsildar.
6 Ms.Vasudha Thiagarajan, learned Additional Government Pleader appearing for the first respondent District Collector, Coimbatore would submit that the first respondent is only a formal party and in the light of the submission made by the second respondent, there may be no specific role for the first respondent in the instant writ petition. 7 In the light of the submissions made by the learned counsel for the respective parties, the following directions are given :
(a) Writ petitioner shall send a communication to the third respondent, i.e., Special Tahsildar (Civil Supplies), Coimbatore South, demanding a sum of Rs.40,037.00 within a fortnight from the date of receipt of a copy of this order;
(b)On receipt of the communication from the writ petitioner, as above, the third respondent, i.e., Special Tahsildar (Civil Supplies), Coimbatore South, shall pass on the above said amount of Rs.40,037.00 (paid by the second respondent to the third respondent on 2.5.2005) to the writ petitioner within a fortnight therefrom.
8 This writ petition is disposed of with the above directions. No costs.
9 A certified copy of this order shall be sent by the Registry to the third respondent, i.e., Special Tahsildar (Civil supplies), Coimbatore South.
25.07.2017 Index : Yes/No vvk To
1.The District Collector, Coimbatore.
2.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Goundampalayam, Coimbatore District.
3.The Special Tahsildar (Civil Supplies), Coimbatore South.
M.Sundar, J.
vvk W.P.No.13801 of 2005 25.07.2017