1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN CRL.RC.(MD)NO.295 OF 2011 and M.P.(MD)NOs.1 and 2 OF 2011 K.S.M.Agencies, Through its Proprietor, M.Kalifullah S/o.K.S.Mohammed Maideen, 40, Parisutham Nagar, Thanjavur. ... Petitioner Versus The District Revenue Officer, Thanjavur, Thanjavur District. ... Respondent PRAYER : Criminal Revision Petition filed under Section 397 and 401 Cr.P.C., to call for the records relating to the order dated 24.02.2010 made in Criminal Appeal No.80 of 2009 on the file of Additional District and Sessions Judge-cum-Special Judge constituted under E.C.Act, Thanjavur confirming the order dated 05.11.2009 made in Na.Ka.No.74810/2008/M3 on the file of District Revenue Officer, Thanjavur and set aside the same. For Petitioner : Mr.G.R.Swaminathan For Respondent : Mr.P.Kandasamy, Govt. Advocate (Crl. Side) O R D E R The revision petitioner was proceeded for the alleged violation of the provisions under the Tamil Nadu Kerosene (Regulation of Trade) Order, 1973, by the respondent under which he was directed to make additional deposit. 2. As per the order dated 05.11.2009 passed by the District Revenue Officer, Thanjavur, the revision petitioner's security deposit was forfeited and he was directed to make a fresh deposit and it has also been indicated in the said order that if he aggrieved by the said order, he may prefer an appeal to the District Collector, Thanjavur, within a period of thirty days. 3. Challenging the vires of the said order, the revision petitioner preferred an appeal in C.A.No.80/09 before the Court of https://hcservices.ecourts.gov.in/hcservices/ 2 the Additional District and Sessions Judge-cum-Special Judge constituted under E.C.Act, Thanjavur. The lower appellate Court, vide order dated 24.02.2010, has ordered the forfeiture of the security deposit of Rs.10,000/- (Rupees Ten Thousand only). 4. Challenging the vires of the above said order, the present revision is filed. 5. The learned Counsel for the revision petitioner would submit that though the order passed by the District Revenue Officer is appealable and the appeal is to be preferred before the District collector, the petitioner was given a wrong advice and therefore, he instead of preferring the appeal before the District Collector, erroneously preferred the appeal before the above said Court and hence, prays for setting aside the order with liberty to file the appeal before the District Collector, Thanjavur District. 6. The attention of this Court was also drawn to the Order No.27 of the Tamil Nadu Kerosene (Regulation of Trade) Order, 1973, wherein, it stipulates that as against the order of the District Revenue Officer, the appellate authority is the District Collector. 7. This Court heard the submissions of the learned Government Advocate (Crl. Side) and he would submit that the competent authority herein is the jurisdictional District Collector. 8. This Court, taking into consideration the rival submissions and on perusal of the materials available on record, is of the view that the appellate authority against the order passed by District Revenue Officer, is the jurisdictional District Collector and the revision petitioner under the erroneous impression that the appellate authority is the Court of Additional District and Sessions Judge-cum- Special Judge constituted under E.C.Act, Thanjavur, erroneously preferred an appeal. Since the Order No.27 of the Tamil Nadu Kerosene (Regulation of Trade) Order 1973, also stipulates that the District Collector is the appellate authority in respect of the order passed by the District Revenue Officer, the appeal before the Court of Additional District and Sessions Judge-cum-Special Judge constituted under E.C.Act, Thanjavur is not maintainable. 9. In the result, the Criminal Revision Case is allowed and the order dated 24.02.2010 on the file of the Court of the Additional District and Sessions Judge-cum-Special Judge constituted under E.C.Act, Thanjavur, is set aside and the said Court is directed to return the appeal papers to the learned Counsel appearing for the appellant therein. If the revision petitioner is so advised, he can prefer the appeal to the jurisdictional District Collector. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Deputy Registrar (LA) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The District Revenue Officer, Thanjavur, Thanjavur District. 2.The Additional District and Sessions Judge -cum- Special Judge for EC Act, Thanjavur. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to: The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. CRL.RC.(MD)NO.295 OF 2011 M.P.(MD)NOs.1 and 2 OF 2011 29.06.2011 vsm NSV/8.7.11/3P/5C https://hcservices.ecourts.gov.in/hcservices/