IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE ACTING CHIEF JUSTICE MR.KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WA.No. 618 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36628/2008 Dated 02/02/2009 .................... APPELLANT(S): RESPONDENTS 1 TO 4 -------------------------------- 1. STATE OF KERALA,REP.BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF FOOD AND CIVIL SUPPLIES,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE TALUK SUPPLY OFFICER, KARUNAGAPPALLY,KOLLAM. 4. DEPUTY CONTROLLER OF RATIONING, KOLLAM. BY GOVERNMENT PLEADER SMT.MEERA. RESPONDENT(S): PETITIONER AND RESPONDENTS 4 AND 5 ------------------------------------------------- RUBY ROLLER FLOUR MILLS (P) LTD., INDUSTRIAL ESTATE,EDAKULANGARA, KARUNAGAPPALLY,KOLLAM, REP.BY ITS FACTORY MANAGER DEVA PANICKER. ADV. SRI.SAIBY JOSE KIDANGOOR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, Ag.C.J. & S.S.SATHEESACHANDRAN, J. ---------------------------------------------- W.A. No.618 of 2009 ---------------------------------------------- Dated 16th March, 2009. J U D G M E N T Kurian Joseph, Ag.C.J. The State is aggrieved by the judgment dated 2.2.2009 in W.P.(C) No.36628/08. The writ petitioner approached this court challenging Ext.P9 Government Order passed in appeal, by the Government. The issue pertains to the proceedings initiated against the petitioner for the alleged unauthorised storing of wheat to the tune of 156 MT. The matter reached the Government leading to Ext.P9 order. The Government directed the District Collector, Kollam to check whether the Food Corporation of India flap is available inside the sealed bags and if so, the same were directed to be confiscated. However, it was also stated in the interim order that “If there is no conclusive proof to establish that it is PDS wheat, the seized wheat may be released on bank guarantee...... till the prosecution steps are finalized.” 2. The learned Single Judge set aside that portion of the order which insisted for bank guarantee. We are unable to find any ground to interfere with the judgment. In case the WA NO.618/09 2 appellant is not happy with Ext.P9 order, it is for the appellant to pursue the matter in appropriate proceedings. Still further, if the appellant has a case that there are other proceedings against the writ petitioner, it is for the appellant to pursue the same in appropriate proceedings. For that matter, the judgment of this court will not be a bar. However, as far as the direction to furnish bank guarantee is concerned, in case there is no conclusive proof to establish that what is stored by the writ petitioner is wheat for the Public Distribution System, there is no point in insisting for bank guarantee. In the above circumstances, we do not find any merit in the writ appeal. It is dismissed subject to the observations made above. KURIAN JOSEPH, Acting Chief Justice. S.S.SATHEESACHANDRAN, JUDGE. tgs KURIAN JOSEPH, Ag.C.J. & S.S.SATHEESACHANDRAN, J. ---------------------------------------------- W.A. No.618 of 2009 ---------------------------------------------- J U D G M E N T Dated 16th March, 2009.