IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 13991 of 2009(T) -------------------------- PETITIONER(S): --------------- DINU K.KURIAN, S/O.KURIAN, AGED 30 YEARS MANAGING PARTNER, KIZHAKKEBHAGATH AGRO MILLS, KADAVOOR P.O., MUVATTUPUZHA PIN 686671. BY ADV. SRI.C.K.PAVITHRAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE DISTRICT SUPPLY OFFICER, ERNAKULAM. 3. THE TALUK SUPPLY OFFICER, PERUMBAVOOR. 4. THE TALUK SUPPLY OFFICER, KOTHAMANGALAM. 5. SRI.CHANDRAKUMAR, M.P., DISTRICT SUPPLY OFFICER, ERNAKULAM. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. -------------------------------------------- W.P.(C).NO.13991 of 2009 --------------------------------------------- Dated this the 22nd day of May, 2009. JUDGMENT The petitioner, who is stated to be engaged in the business of rice called “Maharani Rice”, is aggrieved by the seizure of 70 bags of rice by respondents 2 to 4, who had conducted an inspection of his business premises. According to the petitioner, the seizure is illegal and this is evidenced by Ext.P2 mahazar. It is further contended that though a licence under the Foodgrains Dealers' Licensing Order, 1967 is no longer required, the petitioner has actually applied for the same as evidenced by Ext.P3. It is further contended that there is no warrant for the the seizure of the rice. The petitioner, therefore, prays for a direction to see that the rice seized is released to him. 2. Apparently, respondents 2 to 5 are purporting to exercise powers under the Essential Commodities Act and the Rationing Order. Ultimately, the order of confiscation can only be passed by the District Collector. If the District Collector finds that the seizure is illegal, he would be entitled to release the rice and also drop the proceedings as such. In these circumstances, if the petitioner approaches the District Collector with an application within one week from today, the District Collector shall cause an enquiry to be conducted into the application filed by the petitioner W.P.(C).NO.13991 of 2009 :: 2 :: and pass appropriate orders thereon within two weeks from the date of receipt of the application. In the meanwhile, the articles seized shall not be disposed of except under orders to be passed by the District Collector. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge