IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 19750 of 2010(P) ---------------------------------- PETITIONER(S): --------------- KUNHI MOHAMMED, AGED 54 YEARS, S/O.IMBICHI, HASSANGANAKAM, THRIKKAVO, PONNANI, MALAPPURAM. BY ADVS.MR.C.V.MANUVILSAN MR.P.K.KHALEEMUDHEEN MR.P.G.SURESH MRS.K.VIDYA MR.M.R.VIBIN RESPONDENT(S): -------------------- 1. DISTRICT COLLECTOR, MALAPPURAM. 2. DISTRICT SUPPLY OFFICER, MALAPPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, PONNANI. ADV.MR. P. NARAYANAN – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.19750 OF 2010 ------------------------------- Dated this the 24th day of JUNE, 2010 J U D G M E N T The petitioner's rice has been seized on allegations of violation of the Essential Commodities Act. The petitioner submits that the allegation that the rice in question was intended for public distribution is not correct and the petitioner's rice is branded rice supported by appropriate sale bills. The petitioner relies on Ext.P3 sale bill in this respect. The petitioner, therefore, seeks the following reliefs: “i. Issue a writ of Mandamus directing the 3rd Respondent/or 1st Respondent to release the seized 63 sacks of rice which are the branded articles viz. Adam Brand AB No.1 best quality rice, Andhra(APPLICANT) Gundur, Net weight 50KG, to the petitioner. ii. Issue a writ of Mandamus directing the 1st REspondent, District Collector, Malappuram to consider Exhibit P4 petition without any further delay, by affording a reasonable opportunity of being heard to the Petitioner or his authorised representative” 2. I am afraid that I cannot consider these matters in this writ petition, in so far as the same requires appreciation of evidence. W.P.(C)No.19750/10 2 In the above circumstances, this writ petition is disposed of with a direction to the first respondent to pass final orders pursuant to the seizure of the petitioner's rice as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Needless to say, the petitioner shall be afforded an opportunity of being heard before passing final orders. S. SIRI JAGAN, JUDGE acd W.P.(C)No.19750/10 3