IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 536 of 2010(N) ----------------------------------- PETITIONERS: --------------------- 1. V. KUNHIKOYA THANGAL, VALIYAKKATHUDI HOUSE, P.O. KALAPAKAMCHERRY, MALAPPURAM DISTRICT. 2. CISHO CHANDRAN, THEKKOOT HOUSE, KIZHAKUMPATTUKARA, EAST FORT, THRISSUR -5. BY ADV. MR.T.GOPALAKRISHNAN. RESPONDENTS: ------------------------ 1. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE DISTRICT SUPPLY OFFICER, THRISSUR. 4. THE TALUK SUPPLY OFFICER, THRISSUR. R1 TO R4 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.536 of 2010-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2010. JUDGMENT The petitioner is aggrieved by Ext.P6 order passed by the Commissioner of Civil Supplies, wherein the Commissioner has taken the view that the appeal filed by the petitioner ought to have been filed before the District Court concerned, in the light of Section 6(c) of the Essential Commodities Act, 1955. 2. The first petitioner is the managing partner of a firm engaged in trading foodgrains of private distributions. The vehicle bearing registration No.KL8-H-7711 owned by the second petitioner was seized on 29.11.2008 along with two number bags of wheat by the Taluk Supply Officer, Thrissur alleging that the same is rationed articles. It is in that context the petitioner had approached the Commissioner of Civil Supplies. 3. Since the remedy of the petitioner is to approach the concerned District Court under Section 6(c) of the Act and as in Ext.P6 no decision has been rendered on the merits of the matter, I am of the view that the petitioner can approach the concerned District Court as enjoined by the provisions of the Essential Commodities Act. wpc 536/2010 2 4. Therefore, the writ petition is closed without prejudice to the rights of the petitioner to file an appropriate appeal before the District Court concerned. Learned counsel for the petitioner submits that the certified copies of the orders have been produced along with the appeal and a direction may be issued to the Commissioner, viz. the first respondent to return the same for enabling him to file the appeal. If such an application is filed by the petitioner, the same will be entertained and appropriate action will be taken by the first respondent to return the certified copies of the orders for enabling the petitioner to file the appeal. It is open to the petitioner to file an application before the District Court explaining the reason for the delay and the same will be considered in accordance with law. No costs. (T.R. Ramachandran Nair, Judge.) kav/