IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 WP(C).No. 29862 of 2011(G) ---------------------------------- (CRL.A. NO.536/2010 OF SESSIONS COURT, THIRUVANANTHAPURAM) ..... PETITIONER(S): ------------------- S.ABDUL NAZAR, WORKING PARTNER BARKATH TRADING COMPANY, VALLAKADAVU, THIRUVANANTHAPURAM R/A.T.C.35/489 VIDHYA GARDEN, NO.127 P.D.NAGAR, VALLAKADAVU P.O., THIRUVANANTHAPURAM-695023 BY ADVS. SRI.M.BALAGOVINDAN SRI.T.K.ANANDA PADMANABHAN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY , FOOD AND CIVIL SUPPLIES DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-1 2. DISTRICT COLLECTOR,COLLECTORATE, CIVIL STATION BUILDINGS, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-43 3. SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION, THIRUVANANTHAPURAM-23 BY SR. GOVT. PLEADER SMT.M.J. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 29862/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.CS6/790/09 DTD 11/7/2009 ISSUED BY THE 2ND RESPONDENT P2: COPY OF THE APPEAL MEMORANDUM DTD 17/8/2009 FILED BEFORE THE IST RESPONDENT. P3: COPY OF THE ORDER NO.6434/D1/2010/F & CS.DEPT DATED 25/05/2010 ISSUED BY THE 1ST RESPONDENT. P4: COPY OF THE APEAL MEMORANDUM CRL.A.536/10 DTD 25/6/2010 FILED BEFORE THE DISTRICT & SESSIONS COURT, THIRUVANANTHAPURAM. P5: COPY OF THE JUDGEMENT IN CRA NO.536/20210 DTD 2/9/2011 PASSED BY THE DISTRICT AND SESSIONS COURT, THIRUVANATHAPURAM. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 29862 of 2011 G ``````````````````````````````````````````````````````````` Dated this the 1st day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ In this writ petition, challenge is against Ext.P5, a judgment rendered by the learned Sessions Judge, Thiruvananthapuram in Criminal Appeal No.536/2010. The said criminal appeal was filed by the petitioner aggrieved by Ext.P1 order passed by the District Collector, exercising his powers under Section 6A of the Essential Commodities Act, 1955. It also appears that such appeal was filed on the strength of Ext.P3, a letter issued by the Government of Kerala dated 25.05.2010 stating that the appeal is maintainable only before the District and Sessions Court and not before the Government. The learned Sessions Judge has recorded that no provision of law or Rule has been brought to his notice that the appeal was maintainable and on that basis, the appeal was dismissed. It is this judgment which is under challenge. 2. Section 6C(1) of the Essential Commodities Act W.P.(C) No.29862/2011 : 2 : reads thus:- “6C. Appeal - (1) Any person aggrieved by an order of confiscation under Section 6A may, within one month from the date of the communication to him of such order, appeal to any judicial authority appointed by the State Government concerned and the judicial authority shall, after giving an opportunity to the appellant to be heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against.” 3. Reading of this Section shows that it is open to the State Government to appoint any judicial authority to consider appeals against orders of confiscation issued by the District Collector. It is seen that in exercise of his power under Section 6C, Food and Civil Supplies Department have issued notification dated 26.07.2010, appointing District and Sessions Judges as the Judicial authority within their respective jurisdiction for the purpose of Section 6C. This notification reads thus:- W.P.(C) No.29862/2011 : 3 : “S.R.O.No.749/2010 - In exercise of the powers conferred by section 6C of the Essential Commodities Act, 1955 (Central Act 10 of 1955), the Government of Kerala hereby appoint the District and Sessions judges as the Judicial authority within their respective jurisdiction, for the purpose of the said section. This notification shall be deemed to have come into effect from 1st September, 1997.” 4. Now that the Government of Kerala have appointed the District and Sessions Judge as the Judicial authority within the meaning of Section 6C, Ext.P4 appeal filed by the petitioner was perfectly maintainable. The contrary view taken in Ext.P5 is unsustainable and, therefore, Ext.P5 is set aside and the learned District and Sessions Judge is directed to consider Ext.P4 appeal filed by the petitioner in accordance with law and with notice to the parties. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/01/12