IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 326 of 2009(L) ------------------------ PETITIONER(S): --------------- 1. RAVI, S/O.CHALIAN, RAJI BHAVAN, MINI NAGAR, KATTAKADA.P.O, KATTAKKADA, THIRUVANANTHAPURAM DISTRICT. 2. S.SURESH, NUNNIYARATHALA VILAKATHU, PUTTAN VEEDU, AMARAVILA.P.O.,THIRUVANANTHAPURAM DISTRICT. BY ADV. DR.K.P.KYLASANATHA PILLAY SMT.V.J.SAFEENA SHRI.SANJITH SMT.SREEDEVI KYLASANATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. BANKARU MANJESWARAM CHECK POST, COMMERCIAL TAX OFFICER. 3. DEPUTY COMMISSIONER IN-CHARGE OF KASARAGODE DISTRICT,COMMERCIAL TAXES,COLLECTORATE, KANNUR. 4. DISTRICT SUPPLY OFFICER, KASARAGOD, CIVIL SUPPLES DEPARTMENT. 5. TALUK SUPPLY OFFICER, KASARAGOD, CIVIL SUPPLIES DEPARTMENT. 6. DISTRICT COLLECTOR, KASARAGOD. 7. K.D.W.C.C.SOCIETY, AUTHORISED RATION WHOLE SALE DEALER, KUMPALA.P.O, MANJESWARAM. 8. STATION HOUSE OFFICER, MANJESWARAM, KASARAGOD. SHRI.SUDHADEVI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.326 of 2009 --------------------------------- Dated, this the 12th day of January, 2009 J U D G M E N T The petitioners are aggrieved by the seizure and detention of their lorry and a truck load of rice at Manjeswaram Check Post. The petitioners state that the detention and seizure was initially effected by the 2nd respondent. Subsequently, the District Collector entrusted the rice to the Authorised Wholesale Sealer, 7th respondent and the lorry has been entrusted to the 8th respondent Station House Officer. At that stage, the petitioner made Ext.P9 representation to the 3rd respondent seeking release of the vehicle and the rice. However, there was no response and that lead the petitioner to file this writ petition. 2. On instructions, the learned Government Pleader today submits that the matter is now pending before the District Collector. It is also stated that the District Collector had reason to doubt that the rice could have been smuggled out of the FCI godown and therefore, the District Collector has sent sample to the FCI for verification and report. WP(C) No.326/2009 -2- 3. Irrespective of the controversy that is involved, it is fairly clear that the matter is now pending before the 6th respondent, and the 6th respondent has already initiated enquiry into the genuineness of the rice that is under transport. If that be so, at this stage, this Court will not be justified in interfering in the matter and deciding on the merits of the dispute that is now raised. 4. Therefore, I direct that the District Collector shall conclude the enquiry that is already initiated, and take a final decision in this matter. This the 6th respondent shall do as expeditiously as possible, at any rate within four weeks of production of a copy of this judgment. The petitioners are directed to produce a copy of this judgment before the 6th respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg