IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 1855 of 2008(U) ------------------------- PETITIONER(S): --------------- THOMASKUTTY EAPEN, KOCHUPURACKAL RICE, ATHIRAMPUZHA, KOTTAYAM DISTRICT. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): --------------- 1. THE COMMISSIONER OF CIVIL SUPPLIES, OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOTTAYAM. 3. THE DISTRICT SUPPLY OFFICER, KOTTAYAM. 4. THE TALUK SUPPLY OFFICER, VAIKKOM, KOTTAYAM DISTRICT. 5. P.M.MOHAMMED ARIF, A.K.D.NO.37, ETTUMANOOR, KOTTAYAM DISTRICT. GOVERNMENT PLEADER SRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 1855/2008 ---------------------------------------------------------------- EXT.P1 TRUE COPY OF CERTIFICATE OF REGISTRATION DT. 30-6-2007. EXT.P2 TRUE COPY OF (LICENSING REQUIREMENTS STOCK LIMITS AND MOVEMENT RESTRICTIONS) ON SPECIFIED FOODSTUFFS ORDER, 2002.S EXT.P3 LICENCE DT. 28-3-2007 EXT.P4 BILL DT. 16-12-2007. EXT.P4(a) BILL DT. 29-12-2007. EXT.P4(b) BILL DT. 29-12-2007 EXT.P4(c) BILL DT. 17-12-2007. EXT.P4(d) BILL DT. 17-12-2007 EXT.P4(f) DO DT. 5-1-2008. EXT.P4(g) BILL DT. 3-1-2008. EXT.P5 MAHAZZR DT. 12-1-2008. EXT.P6 PROCEEDINGS OF DISTRICT COLLECTOR. EXT.P7 REPRESENTATION DT. 12-1-2008. EXT.P8 ORDER IN W.P.C.NO. 11530/07. EXT.P9 EXT.P10 REPORT DT. 13-1-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 1855 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th August, 2009. J U D G M E N T The petitioner is challenging seizure of rice which the petitioner alleges has been purchased by him for sale in his shop where the petitioner is conducting the business of sale of food grains, on the ground that the same is ration article. 2. This Court, by interim order dated 15-1-2008, stayed the distribution of the rice through public distribution system. Subsequently, that order was modified by order dated 24-1-2008 making it clear that if the writ petition is ultimately allowed, the petitioner will be paid the invoice value of the food grains seized from him. The petitioner now submits that pursuant to the seizure, statutory proceedings are in progress and the petitioner may be permitted to avail of the opportunity to participate the statutory proceedings and contest the seizure. But, he apprehends that even if he ultimately succeeds before the statutory authorities, he may get only the price of the rice at the rate at which it is sold through the public distribution system. 3. I do not think that if the petitioner is not guilty of any misdemeanour, he can be denied the invoice value of the rice insofar as under the public distribution system, the Government is selling the rice at its own subsidised rate. Accordingly, without prejudice to the right of the petitioner to avail of the statutory remedies, this writ petition is disposed of with the specific direction that if the petitioner is ultimately found not W.P.C. No. 1855/2008 -: 2 :- guilty of any misdemeanour, he would be entitled to the invoice value of the food grains seized from him. Sd/- S. Siri Jagan, Judge. Tds/