IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 12646 of 2008(E) ---------------------------------- PETITIONER: ---------------- SATHYAM ROLLER FLOUR MILLS (P) LTD., ANDOOR DEVELOPMENT PLT., PARASSINIKADAVU, KANNUR, REPRESENTED BY MANAGER, BIJAYA KUMAR, S/O. BAIRAGIPATRA, AGED 53 YEARS. BY ADV. SRI. T.P. PANKAJAKSHAN RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, CIVIL STATION, KANNUR. 2. DISTRICT SUPPLY OFFICER, CIVIL STATION, KANNUR. 3. ASSISTANT COMMISSIONER, SALES TAX DEPARTMENT, CIVIL STATION, KANNUR. 4. INTELLIGENCE OFFICER, INTELLIGENCE SQUAD NO.IV, COMMERCIAL TAXES,KANNUR. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.12646 OF 2008 ---------------------------------------- Dated this the 3rd day of June, 2008 JUDGMENT Certain stock of wheat was seized from the petitioner on allegation of trading in rationed articles. The petitioner has filed this writ petition, in respect of the same, seeking the following relief: “1. to release the seized 795 bags of wheat to the petitioner after verifying the bills, invoices and books of accounts with in one week “ 2. This Court by interim order dated 16.4.2008 passed the following: “Certain quantity of wheat was seized from the petitioner. Ultimately, Ext.P13 order has been issued stating that the material is liable to confiscation. There cannot be any interdictory order against disposal of wheat, which is a perishable commodity. Still further that, within the scheme work of Essential Commodities Act and the Rationing Order, a consistent view that appears to have been taken by the Division Bench and also the different learned Judges sitting single, is that it is impermissible to release the goods to persons like the petitioner from whom it has been seized, even if it were on terms. I am, therefore, not inclined to pass any interim orders.” W.P.(c)No.12646/08 2 In view of the said findings in the interim order nothing survives in the writ petition and accordingly the writ petition is dismissed in terms of the interim order. S. SIRI JAGAN, JUDGE Acd