IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 6TH MAY 2008 / 15TH SRAVANA 1930 WP(C).No. 13935 of 2008(H) -------------------------- PETITIONER: ------------ M/S. RUBY ROLLER FLOUR MILLS PVT. LTD., THODIYOOR, KARUNAGAPPALLY, KOLLAM DISTRICT, REPRESENTED BY SHRI. C.G.PRATHIBASMIDAN, CHIEF EXECUTIVE OFFICER. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS: ------------- 1. THE TALUK SUPPLY OFFICER, KARUNAGAPPALLY, KOLLAM DISTRICT. 2. THE DISTRICT SUPPLY OFFICER, KOLLAM. 3. THE DEPUTY CONTROLLER OF RATIONING, SOUTH ZONE, KOLLAM. 4. THE DISTRICT COLLECTOR, KOLLAM. 5. STATE OF KERALA - REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).13935/2008 -------------------- Dated this the 6th day of May, 2008 JUDGMENT Petitioner, a dealer, who is a licensee under the Food Grains Dealers Licensing Order, is aggrieved by the seizure of 2,896 bags of wheat equivalent to 1,560 quintal, from the premises belonging to it on 17.4.2008. Proceedings are initiated under Section 6A of the Essential Commodities Act, but final orders are yet to be passed by the District Collector in this regard. Objections filed by the petitioner to Ext.P7 show cause notice is pending as Ext.P8. In the meanwhile, there is a direction to distribute what has been seized and it is at that stage the writ petition has been filed. 2. Learned Government Pleader, on instructions, submits that prima facie enquiry reveals that two invoices under which goods were allegedly obtained by the petitioner are bogus. I do not express any opinion on this aspect, as it is a matter for enquiry by the District Collector under Section 6A of the Act. District Collector is also entitled to consider the claim made by the petitioner W.P.(C).13935/2008 2 for the release of stock seized, on such conditions as are deemed appropriate. 3. In the result, writ petition is disposed of directing the fourth respondent, the District Collector, to finalize the proceedings initiated under Ext.P7 within a period of one month from the date of receipt of a copy of this judgment. Petitioner shall be heard before such orders are passed. District Collector is also directed to consider the petitioner's plea for the release of seized stocks subject to such conditions as are deemed appropriate. This may be done as an interlocutory measure and orders in this regard shall be passed within one week from the date of receipt of a copy of this judgment. Order against the distribution of the stock passed by this Court on 29.4.2008, shall prevail till the District Collector passes an order on the distribution of the stock as mentioned above. Distribution of seized stock shall thereafter be governed by the orders to be passed by the District Collector. V.GIRI, Judge mrcs