IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 18514 of 2009(H) -------------------------- PETITIONER: --------------- DHANNYA CONSUMERS PRIVATE LTD., KINI TOWERS, S.R.M.ROAD, KOCHI.18, REPRESENTED BY ITS DIRECTOR C.ASOKAN. BY ADV. SRI.N.SUKUMARAN SRI.R.MOHANAKUMAR (PALAKASSERI) RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. DISTRICT COLLECTOR, KOLLAM DISTRICT, KOLLAM. 3. DISTRICT SUPPLY OFFICER, OFFICE OF THE DISTRICT SUPPLY OFFICE, KOLLAM. GOVERNMENT PLEADER FOR R1TO R3 SHRI.HANILKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18514 of 2009(H) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : Mahazar prepared by the 3rd respondent dtd.25/6/2009 EXHIBIT P1(a): List of articles seized and confiscated and appended along with Ext.P1. EXHIBIT P1(b): Mahazar prepared by the 3rd respondent dtd.26/6/2009 EXHIBIT P2 : Relevant extract of the Kerala Food Grains Dealers Licencing Order 1967. EXHIBIT P3 : Relevant extracts of the Kerala Pulses Dealers Licencing Second Order 1972. EXHIBIT P4 : Food Stuff Order 2002. EXHIBIT P5: Lease Deed dtd.10/12/2007 EXHIBIT P6 : Lease Deed dtd 25/4/2008 EXHIBIT P7 : Property tax receipt issued from Kollam Corporation for building No.MC.XVII/1298 EXHIBIT P7(a): Property tax receipt issued from Kollam Corporation for building No.MC.XVII/1299 EXHIBIT P7(b): Property tax receipt issued from Kollam Corporation for building No.MC.XVII/1300 EXHIBIT P8 : Application submitted by the petitioner before the 3rd respondent dt.27/6/2008 EXHIBIT P8(a): Application submitted by the petitioner to the 3rd respondent dtd 27/6/2008 EXHIBIT P8(b): Receipt issued by the 3rd respondent submitted by the petitioner dt.25/6/2008 EXHIBIT P8(c): Receipt issued by the 3rd respondent dtd.25/6/2008 EXHIBIT P9: Communication issued by the 3rd respondent dt.5/3/2009 to the petitioner. EXHIBIT P10 :Representation submitted by the petitioner before the 2nd respondent dtd.26/6/2009. WP(C).No. 18514 of 2009(H) RESPONDENTS' EXHIBITS:- EXHIBIT R3(a): Order No.CS.10-2986/09 dtd.1/7/2009 issued by the District Collector. EXHIBIT R3(b): Notification No.4823/D1/09/F&CSD dtd.21/5/2009 issued by the Govt. of Kerala. True copy P.A. to Judge T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.18514 of 2009 ------------------------------------------------ Dated this the 8th day of March, 2010 JUDGMENT The petitioner is a retail dealer in food and consumer articles and is having Central Godown at Payikkada in Kollam. The third respondent seized and confiscated the goods stored in the said Godown on 25/6/2009. The godown was sealed after removing the goods. 2. The petitioner company is conducting retail out lets in food and other consumer items under the trade name Dhannya Super Market in Quilon and Trivandrum Districts and it has 21 out lets also. According to the petitioner the proceedings initiated cannot be sustained at all. 3. In the meanwhile the articles have been sold and released to the Supplyco for the value fixed by the respondents herein. 4. Mainly it is contented that the proceedings cannot be sustained and seizure and confiscation are illegal. Ext.P10 is the claim petition filed by the petitioner before the second respondent District Collector in the matter. It is prayed that the District Collector may be directed to consider the same and pass appropriate orders after conducting due enquiries. W.P.(C)No.18514 of 2009 2 5. Heard the learned Government Pleader appearing for the respondents. 6. The third respondent has filed counter affidavit also. Since the District Collector has to adjudicate the matter I am not expressing anything on the merits of the contentions raised by the parties. There will be a direction to the District Collector to take a decision on Ext.P10 after hearing the petitioner within a period of two months from the date of receipt of a copy of this judgment. The contentions raised by the petitioner in the writ petition are left open. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj