IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 36908 of 2009(G) -------------------------- PETITIONER(S): --------------- SHINCY, REP. BY POWER OF ATTORNEY HOLDER SHAFEEQ, BOKKER TRADERS, FOODGRAIN DEALERS AND COMMISSION AGENTS, PUTHIYAKAVU P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE DISTRICT SUPPLY OFFICER, KOLLAM. 3. THE TALUK SUPPLY OFFICER, KARUNAGAPPALLY. 4. THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY. BY G.P.SRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXTS: EXT.P1:- COPY OF POWER OF ATORNEY EXECUTED BY WIFE OF PETITIONER IN FAVOUR OF SHAFEEQ. EXT.P2:- COPY OF LICENCE, DTD.2.12.2008 ISSUED BY KULASEKHARAPURAM GRAMA PANCHAYATH. EXT.P3:- COPY OF RENT DEED EXT.P4:- COPY OF INTIMIATION, DTD.10.12.2009. EXT.P5:- COPY OF RECEIPT DTD.7.12.2009 ISSUED BY THAZHAVA GRAMA PANCHAYATH. EXT.P6:- COPY OF LICENCE DTD.10.12.2009 ISSUED BY THAZHAVA GRAMA PANCHAYATH. EXT.P7:- COPY OF RECEIPT DTD.10.12.2009 ISSUED IN ACCEPTANCE OF LICENCE FEE. EXT.P8:- COPY OF BILL NO.69, DTD.9.12.2009 ISSUED BY KERALA STORES. EXT.P9:- COPY OF BILL NO.470 DTD.09.12.2009 ISSUED BY KERALA STORES. EXT.P10:- COPY OF BILL NO.59 DTD.9.12.2009 ISSUED BY CENTURY TRADING COMPANY EXT.P11:- COPY OF BILL DTD.9.12.2009 ISSUED BY A.B.COMPUTERISED WEIGH BRIDGE. EXT.P12:- COPY OF APPLICATION DTD.25.11.2009 BEFORE THE KERALA STATE CIVIL SUPPLIES CORPORATION. EXT.P13:- COPY OF RELEASE ORDER DTD.4.12.2009 BEARING SHEET NO.36 EXT.P13(a):- COPY OF RELEASE ORDER DTD.4.12.2009 BEARING SHEET NO.37 EXT.P13(b):- COPY OF RELEASE ORDER DTD.4.12.2009 BEARING SHEET NO.38. EXT.P13(c):- COPY OF RELEASE ORDER DTD.4.12.2009 BEARING HSEET NO.39. EXT.P13(d):- COPY OF RELEASE ORDER DTD.4.12.2009 BEARING SHEET NO.40. EXT.P14:- COPY OF PETITION, DTD.15.12.2009 EXT.P15:- COPY OF ORDER DTD.25.7.2009 ISSUED BY DISTRICT COLLECTOR. EXT.P16:- COPY OF ORDER ISSUED BY DISTRICT COLLECTOR IN RESPECT OF SEIZURE OF FOODGRAINS FROM SELAM STORES. RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.36908 OF 2009 ------------------------------- Dated this the 27th day of MAY, 2010 J U D G M E N T This matter relates to the seizure of rice in the possession of the petitioner on allegations of violation of the Essential Commodities Act. At the time of admission, this Court passed an interim order as follows: “Admit. Issue notice to the respondents by speed post returnable in 10 days. There will be an interim order directing the District Collector, Kollam to consider the request made by the petitioner in Ext.P14 and to take a decision thereon within two weeks from the date on which the petitioner produces a copy of this order before him. The District Collector shall hear the petitioner in person before passing orders as directed above. The District Collector shall after orders are passed, communicate a copy thereof to the petitioner. Till orders are passed as directed above, the rice seized from the petitioner shall not be sold or otherwise disposed of, if as on today the same has not been disposed of. The learned counsel for the petitioner submits that the rice had not yet been released to the petitioner pursuant to the interim order. Whatever that be, the petitioner’s remedy lies in contesting the matter in the proceedings before the appropriate authority under the Essential Commodities Act. Without prejudice to that right, this writ petition is closed. S. SIRI JAGAN, JUDGE acd 2 3