IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 WP(C).No. 36118 of 2009(H) -------------------------- PETITIONER(S): --------------- V.D.LAIJU, PROPRIETOR, MUTTAM BAZAR, CHERTHALA. BY ADV. SRI.V.V.ASOKAN SRI.K.S.SAJEEV KUMAR RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, ALAPPUZHA. 2. DISTRICT SUPPLY OFFICER, ALAPPUZHA. 3. TALUK SUPPLY OFFICER, AMBALAPUZHA. 4. REVENUE DIVISIONAL OFFICER,ALAPPUZHA BY GOVERNMENT PLEADER SRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. --------------------------------------- W.P.(C).No.36118 of 2009 --------------------------------------- Dated this the 10th day of June, 2010 J U D G M E N T Proceedings have been initiated against petitioner, who is a food grain dealer for violation of provisions of Essential Commodities Act. Petitioner has filed a claim petition for release of the food grains which have been seized and entrusted to the custody of the petitioner himself. It is under the above circumstances, petitioner has approached this court seeking the following reliefs. “i) Call for the records of the case leading to Ext.P4 mahazar and quash all proposed proceedings therein by the issue of a writ of certiorari or other appropriate writ or order. ii) Issue a writ of mandamus or other appropriate writ, order or direction to the first respondent to release the 412 bags of par boiled rice detained as per Ext.P4 mahazar and allow the petitioner to carry on his trade in Food Grains; iii) Issue a writ of mandamus or other appropriate writ, order or direction to the first respondent to proceed against the petitioner if so advised, only under the provisions of Kerala Food Grain Dealers Licencing Order, 1967 in pursuance of Ext.P4; iv) Issue a writ of mandamus or other appropriate writ, order or direction to the first respondent to dispose of Ext.P5 forthwith only with reference to the provisions contained in Kedrala Food Grain Dealers Licencing Order, 1967; v) Issue a writ of mandamus or other appropriate writ or order forbearing the respondents from proceeding against the petitioner either under the provisions of the Essential Commodities Act, 1955 or under the provisions of Kerala Essential Commodities (Maintenance of Accounts and display of prices and stocks) Order, 1980 as proposed in Ext.P4; vi) Grant such other appropriate writ, order or direction as this Hon'ble Court deems fit to grant in the facts and circumstances of the case.” 2. This court has already granted an interim order staying further proceedings pursuant to Ext.P4. I am of the opinion that having seized the goods the first respondent has a duty to pass final W.P.(C).No.36118 of 2009 2 orders in the matter expeditiously. 3. In the above circumstances, this writ petition is disposed of with a direction to the first respondent to pass final orders in the matter, after affording an opportunity of being heard to the petitioner as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Till orders are passed and served on the petitioner, interim order passed by this court will continue to be in force. S.SIRI JAGAN, JUDGE cms