IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 12320 of 2004(N) ----------------------------------- PETITIONER(S): ----------------------- MOHAMMED FAIZY, USHAS TRADERS, MERCHANT AND COMMISSION AGENT, M.L.ROAD, KOTTAYAM. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE DISTRICT SUPPLY OFFICER, KANNUR. 3. THE NMDC SOCIETY, REPRESENTED BY ITS SECRETARY, A.W.D. NO.18, MATTANUR. 4. THE TALUK SUPPLY OFFICER, MATTANUR. 5. THE CIRCLE INSPECTOR OF POLICE, MATTANUR. BY GOVERNMENT PLEADER SMT. M.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12320 of 2004(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 – TRUE COPY OF CARBON COPY OF THE BILL NO.681 DATED 11.03.2004. EXT.P2 – TRUE COPY OF THE CARBON COPY OF THE BILL NO. 870 DATED 11.3.2004. EXT.P3 – TRUE COPY OF THE LETTER OF THE DISTRICT COLLECTOR, KANNUR, DATED 17.3.2004. EXT.P4 – TRUE COPY OF THE REPRESENTATION DATED 25.3.2004 PREFERRED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, KANNUR. EXT.P5 – TRUE COPY OF ORDER DATED 15.4.2004 IN C.M.P. NO. 991/04 OF THE JUDICIAL 1ST CLASS MAGISTRATE, MATTANUR. /TRUE COPY/ PS TO JUDGE S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 12320 of 2004 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th October, 2008. J U D G M E N T Certain rice in the possession of the petitioner was seized on the ground that the same was rice intended to be distributed through the public distribution system and the petitioner had violated the provisions of the Kerala Rationing Order. The petitioner filed this writ petition seeking release of the rice at a time when further proceedings pursuant to the seizure of the rice were still in progress. 2. This Court, by order dated 1-6-2004, directed the 1st respondent to release the rice on furnishing bank guarantee for the value of the rice involved in the case. Neither the counsel for the petitioner, nor the Government Pleader is able to tell this Court as to what orders have been passed by the District Collector in the confiscation proceedings. Therefore, no further orders are necessary in this writ petition, except directing the respondents to deal with the bank guarantee in accordance with the final orders passed pursuant to proceedings initiated under the Kerala Rationing Order. Accordingly, I dispose of this writ petition with the following directions: If final orders which have been passed in the proceedings initiated against the petitioner pursuant to the seizure of the rice ended in favour of the petitioner, the bank guarantee shall be released to the petitioner, if not already released. However, if the decision is to confiscate the rice, then the bank guarantee shall be encashed if not already encashed, without prejudice to the right of the petitioner to challenge the orders passed in that regard. The District Collector W.P.C. No. 12320/2004 -: 2 :- shall take a final decision in the matter after complying with the procedure prescribed including issue of notice to all affected parties, if not already passed. Either way, the 1st respondent shall intimate the petitioner about the decision taken pursuant to the above directions within a period of one month from the date of receipt of a copy of this judgment, if not already intimated. sd/- S. Siri Jagan, Judge. Tds/