IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 2314 of 2010(L) ------------------------------------- PETITIONER: ------------------- SANTHARAJ, PROPRIETOR, SRI MANJUNATHESWARA TRADERS KELLEGAN, CHAMRAJ NAGAR DISTRICT, KARNATAKA. BY ADV. MR.P.R.VENKETESH. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE SUPPLY OFFICER, CHITTUR TALUK, CHITTUR, PALAKKAD. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.2314 OF 2010 --------------------------------------- Dated this the 25th day of January, 2010. J U D G M E N T The petitioner is the Proprietor of Sri Manjunatheswara Traders registered under the Karnataka Value Added Tax Act and a dealer in food grains. It is submitted that the petitioner used to transport paddy to various authorised dealers in Kerala. A consignment was thus transported to one Sindhya Modern Rice Mill owned by K.A.Sahabuddin on 16.10.2009. 2. It is the case of the petitioner that consequent on the breakdown of the Lorry in which the paddy was consigned namely, Lorry No.CTX 8092 and when the paddy was being shifted to the vehicle bearing Registration No.KL9U 1778, the vehicle was seized by the Chittur Paddy Marketing Officer and the same was handed over to the Puthunagaram police station. Thereafter, the matter was referred to the District Collector. 3. After hearing various parties, the District Collector passed an order dated 17.12.2009 as per Exhibit P1 confiscating W.P.(C) No.2314/2010 2 the entire load of paddy. There is a direction to auction the same also. Aggrieved by the said direction, this writ petition has been filed. 4. The petitioner, on 22.01.2010, submitted that the paddy will be auctioned on that day and accordingly, this Court passed an order to the effect that if the auction is not conducted as on 2.45p.m on 22.01.2010, the same will be adjourned till 25.01.2010. 5. Learned Government Pleader on instructions submitted that the auction was over on 22.01.2010 itself. The remedy of the petitioner thus is to file an appeal before the District Court under Section 6C of the Essential Commodities Act. It is submitted by the learned counsel for the petitioner that the appeal is being filed. The petitioner can raise all the contentions before the appellate court and the auction now conducted will be subject to the outcome of the appeal. Learned counsel for the petitioner submitted that the auction conducted is now confirmed in favour of the auction purchaser and in the event of any fresh auction W.P.(C) No.2314/2010 3 being conducted in the matter on any reason whatsoever, the petitioner may also be allowed to participate in the same. The said request will be considered by the District Collector in accordance with law if a re-auction is proposed to be conducted. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp