IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 32946 of 2011(P) ----------------------- PETITIONER : --------------------- A.SULFIKAR, S/O.ABDUL KAREEM VAZHATHOPPIL HOUSE, KAZHUTHURUTHY POST ARYANKAVU, PUNALUR, KOLLAM DISTRICT PROPRIETOR, ANSHAD PROVISION STORE, KAZHUTHURUTHY BY ADVS. SRI.T.M.RAMAN KARTHA SRI.ARUN BASIL RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GOVERNMENT OF KERALA, DEPARTMENT OF CIVIL SUPPLIES, THIRUVANANTHAURAM -1. 2. DISTRICT COLLECTOR, KOLLAM 691 001. 3. SUPERINTENDENT OF POLICE ( RURAL), KOTTARAKKARA, PIN - 691 506 4. DISTRICT SUPPLY OFFICER, KOLLAM 691 001 5. TALUK SUPPLY OFFICER, PATHANAPURAM-689 695 6. SUB INSPECTOR OF POLICE THENMALA, KOLLAM DISTRICT-691 308. R1 TO R6 BY SR. GOVT. PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 32946 of 2011(P) APPENDIX PETITIONERS' EXHIBITS : EXT.P1 A TRUE COPY OF THE LICENSE ISSUED BY THE ARYANKAVU GRAMA PANCHAYATH DT.27.6.2011. EXT.P2 A TRUE COPY OF THE SHOP INSPECTION REPORT DT.19.10.2011. EXT.P3 A TRUE COPY OF THE LICENSE NO.130/11 (W) PPM ISSUED TO THE PETITIONER. EXT.P4 A TRUE COPY OF THE TAX INVOICE DT.17.10.2011 EXT.P5 A TRUE COPY OF THE TAX INVOICE DT.20.10.2011. EXT.P6 A TRUE COPY OF THE Tax INVOICE DT.24.10.2011. EXT.P7 A TRUE COPY OF THE FIR NO.958 DT.24.10.2011. EXT.P8 A TRUE COPY OF THE SCENE MAHAZAR PREPARED BY ADDITIONAL POLICE SUB INSPECTOR, THENMALA DT.24.10.2011. EXT.P9 A TRUE COPY OF THE REPORT NO.C4.3637/2011 DT.8.11.2011. EXT.P10 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DT.29.10.2011. EXT.P11 A TRUE COPY OF THE JUDGMENT IN WPC.30675/2011 DT.17.11.2011. EXT.P12 A TRUE COPY OF THE LETTER FORWARDED TO THE DISTRICT COLLECTOR KOLLAM DT.17.11.2011 EXT.P13 A TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT DT.19.11.2011. EXT.P14 COPY OF THE REPORT NO. S & S / 2011-12/AVS DT. 5-11-2011. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 32946 of 2011 ---------------------------------------- Dated this the 14th day of December, 2011 JUDGMENT Petitioner claims to be the owner of Arshad Provision Store at Kazhuthurutty in Aryankavau Panchayath. According to the petitioner, he had sold 13,500 kgs. of rice (180 bags) of 75 kgs. each to M/s. A.V. Traders, Kalady by invoice dated 24.10.2011. It is stated that when the rice was being loaded into the lorry bearing registration No.KL 01 S-7926, 6th respondent seized the rice at that stage and petitioner approached this Court by filing W.P.C 30675 of 2011. The writ petition was disposed of by Ext.P11 judgment with the following directions. “Therefore, I direct that, on the production of a copy of this judgment, the 2nd respondent will issue appropriate orders directing respondents 4 and 5 to verify the rice in question either by themselves or by any other expert, to ensure that the rice in question is liable to be proceeded against under the Essential Commodities Act. It is also directed that, in the event the report is in favour of the W.P.C. No. 32946 OF 2011 -2- petitioner, appropriate orders in the matter should be passed. This shall be done as expeditiously as possible. Yet another aspect of the matter is regarding the continued detention of the lorry bearing registration No.KL-01 S 7926. According to the petitioner, this lorry is under detention since 24.10.2011. Nobody will be benefited if the vehicle is kept under detention exposing it to sun and rain. Therefore, I direct that, along with a copy of this judgment and the writ petition, it will be open to the petitioner to make an application to the 2nd respondent for interim custody of the vehicle, in which event, the 2nd respondent will pass appropriate orders in the matter immediately.” 2. According to the petitioner these directions have not been complied with. Yet another complaint of the petitioner is that, another consignment of 300 bags of rice stored in his godown also were seized on the allegation that these were ration rice. It is in these circumstances the writ petition has been filed. 3. Counsel also places reliance on Ext.P14, a report issued by the FCI stating that they are not in a position to confirm W.P.C. No. 32946 OF 2011 -3- whether the stock were from ration rice. 4. However, instructions have been obtained by the learned Govt. Pleader show that, when FCI expressed their inability to confirm the status of the rice, the respondent have sent samples to the Public Chemical Laboratory, and that the report from the lab is awaited. It is also stated that in so far as the lorry is concerned, the respondents are awaiting the valuation report from the Regional Transport Officer, Punalur. 5. From the submission made by learned Govt. Pleader it is clear that it is not as though the respondents are not taking any action based on the directions in Ext.P11 judgment. Now that they have sent samples to the Public Chemical Lab, having regard to the fact that the seizure in question is as early as on 24.10.2011 or immediately thereafter, it is up to the respondents to get the report expeditiously. Therefore, I direct the respondents to expedite the matter as reported in Ext.P11 without any delay. Similar is the question regarding the lorry that was seized. Here also the report shall be obtained without any further delay W.P.C. No. 32946 OF 2011 -4- and an order on request of interim custody also shall pass immediately on production of a copy of this judgment. ANTONY DOMINIC, JUDGE. Kp/-