IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR.JUSTICE ANTONY DOMINIC MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 25411 of 2011(B) -------------------------- PETITIONER : --------------- P.C. KURIAKOSE, PROPRIETOR, M/S. JOJI CHERIAN COMPANY, MARKET ROAD, ALAPPUZHA. BY ADV. SRI.ROY CHACKO RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, ALAPPUZHA, ALAPPUZHA-688 001. 2. DISTRICT SUPPLY OFFICER, CIVIL STATION, ALAPPUZHA-688 001. 3. S.I. OF POLICE, ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA-688 001. BY SR. GOVT. PLEADER SRI.P.N.SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25411 of 2011(B) APPENDIX PETITIONER(S) EXHIBITS :- EXT.P1 : TRUE COPY OF THE APPLICATION FOR RENEWAL OF LICENCE DATED 29-06-2011. EXT.P2 : TRUE COPY OF THE CHALAN RECEIPT DATED 29-06-2011. EXT.P3 : TRUE COPY OF THE INVOICE DATED 05-09-2011 ISSUED TO M/S. J & V TRADERS. EXT.P4 : TRUE COPY OF THE TAX INVOICE DATED 02-09-2011. EXT.P5 : TRUE COPY OF THE INVOICE DATED 30-08-2011. EXT.P6 : TRUE COPY OF THE BILL DATED 21-08-2011. EXT.P7 : TRUE COPY OF THE FIR DATED 05-09-2011. EXT.P8 : TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 19-09-2011. EXT.P9 : TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 19-09-2011. EXT.P10: TRUE COPY OF THE JUDGEMENT DATED 17-01-2011 IN WP(C) NO.1570/2011. RESPONDENTS' EXHIBITS :- NIL. TRUE COPY P.A TO JUDGE amk. ANTONY DOMINIC, J ....................................................... W.P.(C).25411/2011 .............................................. Dated this the 26th day of September, 2011 JUDGMENT Petitioner is a wholesale dealer of rice and wheat. According to him, on 5.9.2011, 40 bags of boiled rice, 18 bags of raw rice and 7 bags of wheat were seized by the third respondent and a case under the provisions of the Essential Commodities Act was registered against him. FIR in the case is produced as Ext.P7. On seizure of the commodity, goods and the vehicle are detained by the third respondent. The commodity being perishable and as according to the petitioner these commodities were purchased by him as per Exts.P4 to P6 and were sold as per Ext.P3 sales invoice, he filed Exts.P8 and P9 applications requesting the first respondent to release the goods and the vehicle. In the applications it was mainly contended that the goods seized are liable to be returned. Orders were not passed and therefore, the writ petition is filed. 2. In my view, having regard to the perishable nature of the goods in question and the prejudice that is likely to be caused on account of the finalisation of the proceedings, it is necessary that W.P.(C).25411/11 2 the first respondent should complete the proceedings under the Essential Commodities Act as expeditiously as possible. 3. Therefore, I direct that the first respondent shall complete the said proceedings with notice to the parties concerned and as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment along with a copy of the writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs