IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 1473 of 2010(H) ------------------------------- PETITIONER: -------------- NIZAR M., AGED 40 YEARS, S/O.MEERAMODI- RAWTHER, R/AT NAZEEL MANZIL, MUDIYARAKONAM P.O. PANDALAM. BY MS.T.S.MAYA (THIYADIL), ADVOCATE. MS.PRINCY XAVIER, ADVOCATE. RESPONDENTS: ----------------- 1. KERALA STATE REPRESENTED BY DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT. 2. DISTRICT SUPPLY OFFICER, PATHANAMTHITTA DISTRICT. BY MR.P.N. SANTHOSH, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.1473 OF 2010 --------------------------------------- Dated this the 19th day of January, 2010. J U D G M E N T The petitioner is a wholesale merchant conducting a shop at Market Junction, Pandalam in the name and style as M.M.Traders. The petitioner is having TIN number and Certificate of Registration issued by the Tax Authorities under Section 16 of the Kerala Value Added Tax Act. 2. On 03.12.2009, there was an inspection by the District Supply Officer in the petitioner's shop. After inspecting the shop, they have seized 95 quintals of sugar which, according to the petitioner, he is entitled to keep in terms of the various documents relied upon in this writ petition. Exhibits P5 to P7 are relied upon in this connection. 3. The petitioner approached the District Collector seeking for an opportunity to convince the authority about the matter. Aggrieved by Exhibit P8 order whereby the District Collector directed sale of the stock through Supplyco outlets, this writ W.P.(C) No.1473/2010 2 petition has been filed. 4. It is the contention of the petitioner that the petitioner ought to have been heard prior to the passing of Exhibit P8 order. Learned Government Pleader submitted that order was passed in the light of Section 6A(2)(1) of the Essential Commodities Act. The said provision confers power on the District Collector to pass orders directing sale of the seized article at the controlled price if in his opinion it is subject to speedy and natural decay or it is otherwise expedient in the public interest so to do. It is further pointed out that the proceedings under Section 6A of the Act is pending and the petitioner will be given due opportunity before the authority to defend his case. It is also submitted that the stock has already been distributed. 5. A reading of Exhibit P8 shows that the District Collector was satisfied about the necessity to sell the seized article through the outlets of Supplyco and to keep the amount in the R.D account. 6. Since the District Collector is empowered to act upon the same in the light of the specific provisions quoted above, I do not W.P.(C) No.1473/2010 3 find any infirmity in the proceedings. There is valuable right conferred on the petitioner to be heard before the matter is finalised by the District Collector under the express provisions of Section 6(A) of the Essential Commodities Act. There will be a direction to the District Collector to finalise the same within a period of five months, after hearing the petitioner and after affording an opportunity to produce the materials in support of his pleas. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp