IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 17535 of 2009(J) -------------------------- PETITIONER: --------------- NAZARULLA, KIZHAKKETHIL VEEDU, KIZHAKKEPPURAM P.O., VARKALA. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE DISTRICT SUPPLY OFFICER, KOLLAM. 3. THE TALUK SUPPLY OFFICER, KOLLAM. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.17535 of 2009 -------------------------- Dated this the 24th June,2009 J U D G M E N T Petitioner claims to be a dealer in food grains and wheat and carries on business at Paripally in Kollam district. According to the petitioner, he purchased rice from Andhra and thereafter sold the same in his shop at Paripally. He claims to have commenced business in the year 1995. According to the petitioner, since 2002 license under the Kerala Food Grains Dealers' Licensing Order, 1967 was not being insisted upon by respondents 2 and 3 Therefore, petitioner did not take any steps for renewing the license. He has now submitted an application for renewal of the licence for the period from 2008-2010 and the same is pending. In the meanwhile, pursuant to an inspection conducted in the shop on 18.6.2009, as evidenced by Exhibit-P3, a quantity of 19330.5 Kgs of rice have been seized and thereafter transferred and deposited with the FCI, Kochi. It is up to the District W.P ( C) No.17535 of 2009 2 Collector to take steps in relation to confiscation/release of the rice and Exhibits P4 and P5 applications filed by the petitioner before the District Collector are pending. Having heard the learned Government Pleader also, the writ petition is disposed of directing the 1st respondent to consider and pass orders on Exhibits P4 and P5 within a period of two weeks from the date of receipt of a copy of this judgment. If in the meanwhile, rice seized from the petitioner is proposed to be sold in auction, petitioner shall be given notice in this regard. He shall also be permitted to participate in the auction. Proceeds shall be kept in a separate account and appropriation shall be dependent upon the orders to be passed by the District Collector in the matter of release/confiscation of the rice seized from the petitioner. (V.GIRI,JUDGE) ma W.P ( C) No.17535 of 2009 3 W.P ( C) No.17535 of 2009 4