IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 37706 of 2010(K) --------------------------------------- PETITIONER(S): ----------------------- V.M. JAMAL, PROPRIETOR, MEEHAR TRADERS, PEZHAKKAPILLY, MUVATTUPUZHA, VALIYAPARAMBIL HOUSE, PEZHAKKAPILLY, MUVATTUPUZHA. BY ADV. SRI.K.I.MAYANKUTTY MATHER, SRI.P.P.RAMACHANDRAN. RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM, PIN-682 015. 2. DISTRICT SUPPLY OFFICER, ERNAKULAM, PIN-682 015. 3. TALUK SUPPLY OFFICER, MUVATTUPUZHA, PIN-686 661. 4. SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, THRIPUNITHURA, PIN-682 302. R1 TO R4 BY GOVT. PLEADER MR.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 37706 of 2010 K ``````````````````````````````````````````````````````` Dated this the 20th day of December, 2010 J U D G M E N T Petitioner challenges Ext.P5. According to the petitioner, he is a food grain dealer, who has been issued Ext.P1 licence valid till 31-03-2010. His application for renewal of the licence is stated to be pending. According to the petitioner, while so, on 06-10-2010, 150 bags of rice sold by him to a dealer as per Ext.P2 invoice was intercepted and seized by the fourth respondent. Thereupon, petitioner filed Ext.P3 claim petition before the first respondent, on which Ext.P4 hearing notice was issued. It is also stated that on seizure, the stock was entrusted with AWD No.24 of Kolencherry. According to the petitioner, on Ext.P3 claim petition, Ext.P5 order has been passed, confiscating the stock of rice. It is stated that such confiscation ordered by Ext.P5, without notice as contemplated under Section 6B of the Essential Commodities Act, 1955, is illegal. W.P.(C) No.37706/10 : 2 : 2. I heard the learned Government Pleader also. Although the learned Government Pleader made an attempt to justify Ext.P5, still it is obvious from Ext.P5 itself that the order has been passed without issuing notice to the petitioner as contemplated under Section 6B of the Essential Commodities Act. For that reason, Ext.P5 cannot be sustained and accordingly, Ext.P5 will stand set aside. 3. It is made clear that it will be open to the first respondent to pass fresh orders in the matter, duly complying with the requirements of the Essential Commodities Act. 4. If, till the date of production of a copy of this judgment before the first respondent, the rice in question has not been distributed, it is directed that the rice shall not be distributed until fresh orders are passed in the matter. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge