IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 8931 of 2009(J) ------------------------------ PETITIONER: -------------- SHAIK MUKEEB, S/O. BASHEER, MUJEEB MANZIL, NEDUMANGAD, PROPRIETOR, ADUL TRADING CO., KATTAKKADA, TRIVANDRUM. BY MR.P.RAVEENDRAN PILLAI, ADVOCATE. MS.INDIRA RAVEENDRAN, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY SECRETARY, FOOD & CIVIL SUPPLIES, SECRETARIAT, TRIVANDRUM. 2. DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM. 3. DISTRICT SUPPLY OFFICER, COLLECTRATE, ERNAKULAM. 4. TALUK SUPPLY OFFICER, KUNNATHUNADU TALUK, TALUK OFFICE, KUNNATHUNADU. BY MR. P.N. SANTHOSH, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.8931 of 2009 --------------------------------- Dated, this the 26th day of March, 2009 J U D G M E N T The issue raised in this writ petition is regarding the validity of seizure of rice from the petitioner as per Exts.P7 & P8 mahazars. The petitioner submits that he, thereafter filed Ext.P9 before the 2nd respondent seeking release of the rice to him. Orders were not passed on that application, and therefore, the writ petition has been filed. 2. Today, on instructions, the learned Government Pleader informs that the rice was already repacked and entrusted for distribution in the Public Distribution System and has already been distributed. If that be so, there is no question of consideration of Ext.P9 at this distance of time. 3. Irrespective of that, since the seizure has been effected from the premises of the petitioner invoking the provisions of the Essential Commodities Act, it is for the 2nd respondent to adjudicate the matter and render his decision in this issue. 4. Therefore, the writ petition is disposed of directing that WP(C) No.8931/2009 -2- the 2nd respondent shall issue notice to the petitioner and finalise the proceedings. This shall be done as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg