IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(C).No. 29681 of 2009(E) -------------------------- PETITIONER(S): --------------- 1. KAMAL, CHAYAKKUDI, MAMPALLI, ANCHUTHENGU, CHIRAYINKEEZHU TALUK. 2. C.KUMAR, PZAHAYA BUNGLOW, ANCHUTHENGU, CHIRAYINKEEZHU TALUK. 3. YESUDASAN, S/O.VINCENT, ENNEKKIDANGU PURAYIDAM, ANCHUTHENGU, CHIRAYINKEEZHU TALUK. 4. PETER, S/O.FRANCIS, ENNEKKIDANGU PURAYIDAM, ANCHUTHENGU, CHIRAYINKEEZHU TALUK. 5. XAVIOR, S/O.GILBERT, THAMARNA BUNGLOW, ANCHUTHENGU, CHIRAYINKEEZHU TALUK. 6. G.WILSON, THAMARNA BUNGLOW, ENNEKKIDANGU PURAYIDAM, ANCHUTHENGU, CHIRAYINKEEZHU TALUK. 7. STEPHEN, S/O.STELLAS, ENNEKKIDANGU PURAYIDAM, ANCHUTHENGU, CHIRAYINKEEZHU TALUK. 8. SEBASTIAN, S/O.LORANZ, NEDUMTHOPIL PURAYIDAM, ANCHUTHENGU, CHIRAYINKEEZHU TALUK. 9. PANKARAS, S/O.SILVA, ENNAKKADAVU, ANCHUTHENGU, CHIRAYINKEEZHU TALUK. 10. SLARRY, S/O.THOMAS, CHAYAKUDY, MAMPALLI, ANCHUTHENGU, CHIRAYINKEEZHU TALUK. 11. JOEBOY JOSPH, CHAYAKKUDI PURAYIDAM, ANCHUTHENGU, CHIRAYINKEEZHU TALUK. 12. S.RAJU, CHILANTHIMMODU, MAMPALLI, ANCHUTHENGU, CHIRAYINKEEZHU TALUK. BY ADV. SRI.R.SATISH KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE SUB INSPECTOR OF POLICE, PARIPPALLY, KOLLAM. BY GOVT. PLEADER SRI. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2009 ALONG WITH W.P.(C) No. 29919 OF 09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) Nos. 29681 & 29919 OF 2009 -------------------------- Dated this the 26th day of October, 2009 J U D G M E N T The petitioner in W.P.(C) No.29681 of 2009 are fishermen. The monthly quota of kerosene allotted to them for their boats by the Taluk Supply Officer, Chirayinkeezhu, was transported in a goods vehicle belonging to the petitioner in W.P.(C) No. 29919 of 2009. The vehicle together with the kerosene carried therein was intercepted and seized by the Sub Inspector of Police, Parippally. The petitioners thereupon moved the District Collector, Kollam, by submitting Ext.P5 representation produced in W.P.(C) No. 29681 of 2009 and Ext.P7 representation in W.P.(C) No. 29919 of 2009. In the said representations, the petitioners have sought for release of the vehicle and the kerosene. In these writ petitions, the petitioners seek a writ in the nature of mandamus commanding the District Collector to consider the request made by them in their respective representations and to pass orders thereon within a time limit to be fixed by this Court. 2. The petitioners contend that the kerosene and the lorry in which the kerosene was transported are not liable to be seized and confiscated under the provisions of the Kerala Kerosene Control Order. The petitioners submit that in similar circumstance, the District Collector has released the vehicle and the kerosene carried in it to other fishermen. W.P.(C) No. 29681/09 & 29919/09 2 3. The question whether the petitioners are entitled to have the kerosene and the vehicle released to them is primarily a matter for the District Collector to decide. The vehicle and the kerosene were seized on 1.10.2009. Nearly more than three weeks have passed thereafter. I am therefore of the opinion that the District Collector should consider the request made by the petitioners in their representations and pass orders thereon in accordance with law, expeditiously. I accordingly dispose of these writ petitions with a direction to the District Collector, Kollam, to consider Ext.P5 representation produced in W.P.(C) No. 29681 of 2009 and Ext.P7 representation produced in W.P. (C) No. 29919 of 2009 and pass orders thereon within three weeks from the date on which the petitioners produce a certified copy of this judgment before him. The District Collector shall, before passing final orders on the representations submitted by the petitioners, afford them an opportunity of being heard. The District Collector shall after final orders are passed, communicate a copy thereof to the petitioners. P.N.RAVINDRAN, JUDGE vps