IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 36113 of 2009(S) ------------------------------------ PETITIONER: ------------------ BAISIL ATTIPPETY @ BAISIL A.G., S/O. GEORGE, ATTIPETTY HOUSE, NAYARAMBALAM P.O., KOCHI-682509. BY PARTY IN PERSON RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, FOOD & CIVIL SUPPLIES DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. SECRETARY TO GOVERNMENT, LOCAL-SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 5. GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF CONSUMER AFFAIRS AND PUBLIC DISTRIBUTION, CIVIL SUPPLIES, KRISHI BHAVAN, NEW DELHI. R1 TO R4 BY ADDL.ADVOCATE GENERAL SRI.RENJIT THAMPAN R5 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 36113 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2009 JUDGMENT A.K. Basheer, J. Petitioner who is a resident of Nayarambalam, within the limits of Cochin Corporation, has filed this Writ Petition in public interest with the following prayer: “”a) Issue a writ of mandamus, or any other Writ, Order or Direction, directing respondents to take all necessary steps under various provisions to control the spiraling of prices of essential commodities and food stuff expeditiously. 2. It is contended by the petitioner that the State and the Central Government are not taking adequate steps to check the hike in price of food grains and other commodities in the State of Kerala. He further contends that the various provisions contained in the Kerala Essential Commodities Act and allied rules are not being strictly implemented by the State administration. W.P.(C) No. 36113 OF 2009 -:2:- 3. We have carefully perused the pleadings in the Writ Petition. We are at a loss to understand what the real grievance of the petitioner is, though he has tried to project the apprehension in the mind of the common man that food prices may go up further resulting in greater misery for the common man. 4. It may be true that the prices of food grains have been going up during the last few weeks. But it has to be remembered that Kerala, being a consumer state, is heavily dependent on other States for import of almost all essential commodities. It is undoubtedly true that the reason for price hike are too many to enumerate. It may yet again be true that being a welfare state, it would be ideal if the prices of essential commodities are kept at a reasonable level. But there are constraints all around. 5. As mentioned earlier, Kerala being a consumer State, the prices of essential commodities are closely interlinked with the price of these commodities outside the State. Petitioner does not have a case that the price of these commodities have gone up only because of the failure of the State administration. W.P.(C) No. 36113 OF 2009 -:3:- In the absence of any specific pleading or data to show that the State administration has failed in checking the prices of essential commodities, we are not inclined to entertain this Writ Petition at this stage. Therefore, it is closed with liberty to the petitioner to approach the Government requesting for necessary action, if so advised. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb