IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 46 of 2010(E) ----------------------- PETITIONER(S): --------------- A.M. RAFEEK, S/O. MOIDEEN, PROPRIETOR, KERALA STORES, PEZHAKKAPPILLY, MUVATTUPUZHA, RESIDING AT ELLUMALAKIZHAKKEPUTHENPURA, PEZHAKKAPPILLY, MUVATTUPUZHA. BY ADV. SRI.V.V.ASOKAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE DISTRICT SUPPLY OFFICER, ERNAKULAM. 3. TALUK SUPPLY OFFICER, KUNNATHUNADU, AT PERUMBAVOOR. GOVERNMENT PLEADER, SHRI K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 46 of 2010 A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE BILL FROM SOUTH INDIAN TRADING COMPANY, NEDUMANGAD. EXT.P1(a) TRUE COPY OF THE BILL FROM SOUTH INDIAN TRADING COMPANY, NEDUMANGAD EXT.P1(b) TRUE COPY OF THE BILL FROM SOUTH INDIAN TRADING COMPANY, NEDUMANGAD EXT.P2 TRUE COPY OF THE FIR AND MAHAZAR EXT.P3 TRUE COPY OF THE APPLICATION FILED BEFORE THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF THE APPLICATION FILED BEFORE THE FIRST RESPONDENT. EXT.P5 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT. EXT.P6 TRUE COPY OF THE INDEMNITY BOND FURNISHED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P7 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE SECOND RESPONDENT IN W.P.(C).No.32351/2009 EXT.P8 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN W.P. (C).NO.32351/2009 EXT.P9 TRUE COPY OF THE ORDER IN R.P.NO.1237/09 EXT.P9(a) TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.32351/2009 EXT.P10 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P10(a) TRUE COPY OF THE ORDER PASSED BY THE DISTRICT COLLECTOR, ALAPPUZHA. WP(C).No. 46 of 2010 EXT.P10(b) TRUE COPY OF THE ORDER PASSED BY THE DISTRICT COLLECTOR, ERNAKULAM. EXT.P11 TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR, ERNAKULAM. \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.46/2010-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of January, 2010 J U D G M E N T The petitioner herein filed this writ petition aggrieved by Ext.P11 order by which the District Collector directed the release of stock of rice for distribution through public distribution system and to keep in the revenue deposit the amount thus realised. The above order is passed under Section 6A of the Essential Commodities Act. 2. The petitioner is a food grain dealer having licence under the Kerala Food Grains Dealers Licensing Order, 1967. According to the petitioner, he purchased 721 bags of rice from the South Indian Trading Company, Nedumangad on 29/10/2009 and 30/10/2009. Exts.P1, P1(a) and P1(b) are the bills produced in support of the above plea. The Circle Inspector of Police, Kuruppumpady along with the Taluk Supply Officer, on an inspection of the petitioner's premises and godown, seized the stock of 721 bags of rice. It was on the plea that the bags of seized articles contained mark of SUPPLYCO and the Food Corporation of India (F.C.I), and are ration articles. It appears that there were various proceedings in the matter wherein the petitioner had been moving the statutory W.P.(C). No.46/2010 -:2:- authority and this Court, at various stages, for getting the stock of rice released. The petitioner had filed W.P. (C).No.32351/2009 in the matter which was finally disposed by Ext.P9(a) Judgment. Meanwhile Ext.P11 order issued by the District Collector was communicated to him, wherein the direction is to dispose of the seized stock. The learned counsel for the petitioner submits that it is a pre-dated order. 3. The respondents have filed a counter affidavit in the matter. 4. When the matter came up for hearing today, the learned counsel for the petitioner submitted that the petitioner will be satisfied if the District Collector finalises the proceedings under Section 6A of the Essential Commodities Act with regard to confiscation of the articles, within a time frame. A reading of paragraph (16) of the counter affidavit shows that the confiscation proceedings are pending before the District Collector and the same have not been finalised so far. I am therefore not considering other matters raised herein. There will be a direction to the District Collector to finalise the W.P.(C). No.46/2010 -:3:- confiscation proceedings with notice to the petitioner and after affording him all opportunities to produce materials in support of his pleas and expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms