IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 WP(C).No. 8427 of 2007(C) ------------------------- PETITIONER(S): --------------- A.ABDUL RASHEED,TC 20/1384, KUNCHALUMMOODU, KARAMANA,THIRUVANANTHAPRUAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF FOOD & CIVIL SUPPLIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM. MR.DILIP MOHAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.8427/2007 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF PAY BILL NO.1830 DATED 08/09/1997 TO M/S.SABARI ROLLER FLOUR MILLS (PVT) LTD. P2 : COPY OF BILL NO.1831 DATED 08/09/1997 TO SRI.THULASI, RICE MERCHANT, KILIMANOOR. P3 : COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLECTOR, THIRUVANANTHAPRUAM DATED 22/09/1997. P4 : COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR THIRUVANANTHAPRUAM DATED 22/09/1997. P5 : COPY OF ORDER NO.CS6-5421/97 DATED 15/12/1997 ISSUED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPRUAM. P6 : COPY OF JUDGMENT DATED 12/12/2005 IN OP NO.17863 OF 1997-B OF THIS HONOURABLE COURT. P7 : COPY OF APPEAL NO.95 OF 2006 FILED BY THE PETITIONER BEFORE THE SECRETARY TO GOVERNMENT, FOOD & CIVIL SUPLIES, THIRUVANANTHAPRUAM DATED 02/01/2006. P8 : COPY OF RELEVANT PAGE OF THE GOODS VEHICLE RECORD DATED 08/09/1997. P9 : COPY OF ORDER DATED 27/12/2006 ISSUED BY R1 SECRETARY TO GOVERNMENT, MINISTRY OF FOOD & CIVIL SUPPLIES, THIRUVANANTHAPRUAM. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------ WP(C) No.8427 of 2007 -------------------------- Dated, this the 12th day of October, 2009 J U D G M E N T Challenge in the writ petition is against Ext.P5 proceedings of the District Collector dated 15/12/1997 confiscating 42 bags of wheat as well as vehicle bearing Regn.No.KL-01/B-189 to the Government, and Ext.P9 order dated 27/12/2006 of the Government confirming the same. 2. The petitioner claims to be the proprietor of M/s.Soorath Agencies, Chalai, Thiruvanthapuram, engaged in wholesale business of rice and wheat. According to the petitioner, he purchased 42 bags of wheat under Exts.P1 & P2, and was transporting the same in his vehicle bearing Regn.No.KL-01/B-189. It is stated that the vehicle was seized by the Sub Inspector of Police, on the allegation that the transportation was unauthorised, in as much as it was not accompanied by any documents justifying procurement and transportation. According to the petitioner, though he produced Exts.P1 & P2 before the Sub Inspector of Police, proceedings were initiated under the provisions of the Essential Commodities Act, 1955. It is stated that ignoring the documents, WP(C) No.8427/2007 -2- by Ext.P5, the vehicle as well as the commodity were seized. Ext.P7 appeal was filed before the Government. But, however, that was also rejected by Ext.P9. It is in these circumstances, this writ petition is filed. 3. The petitioner seeks to legitimise procurement and transportation of wheat on the strength of Exts.P1 & P2. However, the records show that neither of these documents were present in the vehicle or with the driver at the time when the goods were seized. Though, the petitioner has canvassed for the position that these documents were handed over to the Sub Inspector of Police, there is no record whatsoever to substantiate the same. The petitioner has also no case that these documents were produced either before the District Collector or before the Government. In such circumstances, the fact of production of the documents to legitimise the procurement or transportation of wheat has not been established. In such circumstances, I do not find anything illegal in the view taken by the statutory authorities both in Ext.P5 and Ext.P9. Therefore, the writ petition fails, and is dismissed. (ANTONY DOMINIC, JUDGE) jg