IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 W.P(C).No. 9201 of 2008(U) --------------------------------- PETITIONER: -------------- C. MOHAMMOD KUNJU, RICE MERCHANT KODAMUKKU, KAYAMKULAM. BY ADV. SRI.M.V.BOSE RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, ALLAPUZHA. 2. THE DISTRICT SUPPLY OFFICER, ALLAPUZHA. 3. THE TALUK SUPPLY OFFICER, MAVELIKKARA. 4. THE TALUK SUPPLY OFFICER, KARTHIKAPALLY 5. THE TALUK SUPPLY OFFICER, AMBALAPUZHA. 6. M/S. K.K.MUHAMMAD, A.W.D. 8 KAYAMKULAM. 7. ABDUL RASHEED, ARD -56, KARTHIKAPPALLY. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 9201 OF 2008 U = = = = = = = = = = = = = = = = Dated this the 31st March, 2008 J U D G M E N T Petitioner is a food grain dealer. According to him, by Ext. P4, the Taluk Supply Officer seized a stock of rice that he had purchased by Ext. P3 invoice. It is also stated that on the same evening, the aforesaid authorities sealed the godown of the petitioner. It is contended that again on the next day the aforesaid officer inspected and seized 106 bags of raw rice and 124 bags of boiled rice. 2. Petitioner contends that the rice was purchased from the open market and was not a consignment intended to be distributed under the public distribution system. On this basis he impugns the seizure. It is seen that the petitioner has already moved the District Collector by filing Ext. P9. Since the seizure can only be on the allegation that the petitioner had violated the provisions of the Essential Commodities Act, it is primarily for the 1st respondent to W.P.(C) No. 9201 OF 2008 -2- examine the matter and take appropriate steps. 3. Since the petitioner has already moved the 1st respondent by filing Ext. P9 I dispose of this writ petition directing that the 1st respondent shall take a decision on Ext. P9 within two weeks of production of a copy of this judgment. It is made clear that if the petitioner is ultimately found to be innocent of the allegations, petitioner shall either be returned the rice or the market price thereof. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC JUDGE jan/-