IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 7454 of 2011(F) ------------------------- PETITIONER: --------------- S. ANILKUMAR, S/O. SOMAN PILLAI, AGED 38 YEARS, PROPRIETOR, SREEMANGALATH TRADERS, THAZHE VEEDU, PUTHALATHAZHOM, KOLLAM -4. BY ADV. MR. R.SATISH KUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY,CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. PIN 695 001 2. THE DISTRICT COLLECTOR, KOLLAM 691 013 3. THE DISTRICT SUPPLY OFFICER, KOLLAM 691 005 BY SENIOR GOVERNMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 7454 OF 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 10th day of March, 2011 JUDGMENT The petitioner is challenging the proceedings taken by the respondents vide. Ext. P3, whereby the 249 bags of rice were seized from the shop of the petitioner on 16.06.2009, alleging that, the same was was procured and posses possessed by the petitioner, without a licence under the provisions of Kerala Food Grains Dealers Licensing Order, 1967. 2. The learned counsel for the petitioner submits that, at the relevant point of time no licence under the above Order was necessary, in view of the provisions contained in the Removal of (Licensing Requirements, Stock Limits and Movement Restriction) on Specified Food Stuffs Order, 2002 and the provisions became applicable only on 08.12.2009 vide G.O. (MS) No. 13674/D1/2009/F&CSD dated 08.12.2009, 3. Heard the learned Government Pleader as well, who submits that the matter is now pending consideration before the second respondent. 4. Considering the facts and circumstances, this Court finds that the seizure of the goods as per Ext. P3 needs to be upheld in terms of Ext. P8 judgment. In view of the fact that the matter is pending consideration before the second respondent, the said respondent is directed to complete W.P. (C) No. 7454 of 2011 2 the adjudication proceedings as contemplated under the provisions of the Essential Commodities Act, in accordance with law and with notice to the petitioner, within three months, from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. P. R. RAMACHANDRA MENON, JUDGE kmd