IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 3464 of 2010(G) ------------------------------------ PETITIONER(S): ------------------------ M/S.SUN FOOD PRODUCTS, REPRESENTED BY ITS MANAGING PARTNER K.PRAMOD, 12/955 HALWA BAZAR, CALICUT -673001. BY ADV. SMT.C.G.PREETHA RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CIVIL SUPPLIES, TRIVANDRUM. 2. THE DIRECTOR, KERALA STATE CIVIL SUPPLIES,CORPORATION LTD., TRIVANDRUM. 3. THE DISTRICT COLLECTOR, KOZHIKODE. 4. THE DISTRICT SUPPLY OFFICER, KOZHIKODE. 5. THE TALUK SUPPLY OFFICER, QUILANDY. 6. THE ASSISTANT MANAGER, SUPPLYCO DEPO, P.O. BEYPORE NORTH, KOZHIKODE -18. 7. THE CIRCLE INSPECTOR OF POLICE, PERAMBRA, KOZHIKODE. R1 TO R5 & 7 BY GOVT. PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.3464 OF 2010 --------------------------------------- Dated this the 3rd day of February, 2010. J U D G M E N T The petitioner is a partnership firm engaged in the business of purchase and sale of rice, wheat, chilly, pulses, edible oil etc. in wholesale. From the Supplyco, they purchased 5500 quintals of wheat which is evidenced by Exhibit P2. It is submitted that the above article was purchased under the Open Market Sales Scheme introduced by the Civil Supplies Corporation. While it was being transported, the vehicle was seized by the 7th respondent and now the petitioner has moved the District Collector as per Exhibit P4 seeking release of the vehicle. It is pointed out that the seizure of the vehicle is illegal and the seized quantity is not a rationed article. 2. Heard the learned Standing Counsel for the respondents 2 and 6 also. In the light of the averments made by the petitioner in the writ petition, there will be a direction to the 3rd respondent W.P.(C) No.3464/2010 2 District Collector to take a decision on Exhibit P4 after verifying the materials produced by the petitioner within a period of two weeks. Learned counsel for the petitioner submitted that in the meanwhile, the seized goods may not be distributed through ration shops. The status quo as on today will be maintained till orders are passed by the District Collector. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp