IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 WP(C).No. 30396 of 2011(Y) -------------------------- PETITIONER(S): ---------------------- 1. K.M.MADHUSOODHANAN,S/O.KOLLIKARA MADHAVAN,PROPRATOR: KOLLIKKARA TRADERS CHANGALOOR P.O, THRISSUR DISTRICT. 2. K.M.SUDHAKARAN,S/O.MADHAVAN, KOLLIKARA HOUSE, CHANGALLUR VILLAGE, CHANGALOOR P.O, THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, THRISSUR, CIVIL STATION, COLLECTORATE BUILDING AYYANTHOLE, THRISSUR 680 003. 2. THE DISTRICT SUPPLY OFFICER, THRISSUR, O/O.THE THRISSUR DISTRICT SUPPLY OFFICER, CIVIL STATION, AYYANTHOLE, THRISSUR 680 003. 3. THE TALUK SUPPLY OFFICER, MUKUNDAPURAM,O/O.THE TALUK SUPPLY OFFICER, CIVIL STATION, POROTHUSSERY, IRINJALAKUDA, THRISSUR DISTRICT 680 121. 4. THE SUB INSPECTOR OF POLICE, VELLIKULANGARA POLICE STATION, VELLIKULANGARA, THRISSUR DISTRICT 680 693. SR.GOVT.PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30396/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A COPY OF THE JUDGMENT IN CC NO.1256/2003 DT 15.11.2007. EXT.P2: A TRUE COPY OF THE REPRESENTATION BY THE 1ST PETITIONER DATED 7.10.11 AND THE RECEIPT ISSUED FROM THE 1ST RESPONDENT OFFICE. EXT.P3: A TRUE COPY OF THE REPRESENTATION BY THE 2ND PETITIONER DATED 7.10.11 AND THE RECEIPT ISSUED FROM THE 1ST RESPONDENT'S OFFICE. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 30396 OF 2011 ===================== Dated this the 15th day of November, 2011 J U D G M E N T Petitioners say that proceedings were initiated against them under the provisions of the Essential Commodities Act on the allegation that 6610 kgs of ration wheat was diverted. It is stated that finally, the wheat was sold by the 1st respondent and the value was also realised. It is their case that meanwhile criminal case was registered against them as Crime No.31/99 alleging offences under the Essential commodities Act. The case was chargesheeted as CC No.1256/2003 on the file of Judicial First Class Magistrate Court, Chalakudy and they were finally acquitted as per Ext.P1 judgment dated 15/11/2007. 2. In view of their acquittal by Ext.P1 judgment, which has become final, petitioners submitted Exts.P2 and P3 representations to the 1st respondent requesting for release of the value realised from the sale of the wheat in question and the bank guarantee for `1,35,000/- which was furnished for releasing the lorry bearing Regn.No.KL-9 B 9699. Orders have not been passed on the representations and therefore this writ petition is filed. WPC No. 30396/11 :2 : 3. Thus, as at present request of the petitioners for release of the value realised and the Bank guarantee is pending consideration of the 1st respondent. Taking note of this and without expressing anything on the merits, I direct the 1st respondent to pass orders on Exts.P2 and P3 in the light of Ext.P1 judgment of the Trial Court. This shall be done as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp