IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 14950 of 2008(D) -------------------------- PETITIONER: ------------ JOSEPH THOMAS, PROPRIETOR, MUNDACKAL AGENCIES, MARKET ROAD, CHANGANASSERY. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE TALUK SUPPLY OFFICER, CHANGANASSERY. 3. THE CIRCLE INSPECTOR OF POLICE, CHANGANASSERY. BY GOVT. PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 14950 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th June, 2008. J U D G M E N T The petitioner is a dealer engaged in the wholesale business of food grains and pulses. On 17-5-2008, the 2nd respondent inspected the godowns of the petitioner and seized 367 bags of boiled rice and 61 bags of raw rice on the allegation that the same are rationed articles which have been diverted for sale in the open market illegally. The petitioner seeks release of the rice. 2. This court has held that such seized food grains cannot be released to the person from whom it has been seized pending finalisation of the proceedings. In the above circumstances, I do not think that this Court can now direct the respondents to release the rice to the petitioner. The remedy lies in the petitioner in making his submissions in the confiscation proceedings pursuant to the seizure. If he succeeds, he would be entitled to the market price of the rice. With the above observation, the writ petition is dismissed. S. Siri Jagan, Judge. Tds/