IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 31653 of 2011(F) -------------------------------------- PETITIONER: ------------------- SAHIR AHAMED, PROPRIETOR, THASNEEM TRADERS, K.P VI/66, PUTHIAKAVU, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.M.V.BOSE, SRI.VINOD MADHAVAN. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM, PIN - 695 001. 2. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE, CHIRAYANKEEZHU, PIN - 695 304. 3. THE MANAGER (PURCHASE), THE KERALA STATE CIVIL SUPPLIERS CORPORATION LTD., MAVI BHAVAN, MAVELI ROAD, GHANDHI NAGAR, KOCHI - 682 020. 4. THE MANAGER, THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD., DISTRICT DEPOT, KOLLAM, PIN - 691 001. R1 & R2 BY GOVT. PLEADER SRI. S. JAMAL, R3 & R4 BY ADV. SMT.MOLLY JACOB,S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.31653/2011-F APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE CERTIFICATE OF REGISTRATION UNDER THE KERALA VALUE ADDED TAX RULES, 2005. EXT.P.2: COPY OF THE CERTIFICATE NO.CS3-3647/2009, DTD. 19/12/2009. EXT.P.3: COPY OF THE COMMUNICATION DTD. 08/12/2009 ISSUED BY THE R.3. EXT.P.4: COPY OF THE INVOICE NO.97 DTD. 01/01/2010. EXT.P.5: COPY OF THE INVOICE NO.134, DTD. 28/01/2010. EXT.P.6: COPY OF THE NOTICE, DTD. 22/08/2011, ISSUED UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. EXT.P.7: COPY OF THE NOTICE DTD. 22/08/2011 ISSUED UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT. EXT.P.8: COPY OF THE OBJECTION DTD. 19/11/2011 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS. EXT.P.9: COPY OF THE NOTICE DTD. 09/11/2011 ISSUED BY THE TAHSILDAR. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.31653 of 2011 ---------------------------------------------- Dated this the 14th day of December, 2011 JUDGMENT The petitioner purchased wheat from the Kerala State Civil Supplies Corporation as per an agreed price. This was under a Scheme whereby the petitioner was to use the wheat for grinding the same and selling it as flour. The petitioner had paid the full price at the time he purchased the wheat. The petitioner has now been directed to pay differential price, which, according to the petitioner, is not in accordance with the contract between the parties. The petitioner, therefore, seeks the following relief: “(i) Call for the entire records which led to Exhibits P6, P7 and P9; and quash the same by the issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction.” This being a contractual matter, I am of opinion that the matter should engage the attention of the Civil Supplies Corporation first. Therefore, I dispose of this writ petition with the following directions: The petitioner shall file a representation in this regard before the Managing Director of the Kerala State Civil Supplies W.P.(C)No.31653/11 2 Corporation Limited within two weeks from today. On receipt of the same, the Managing Director shall consider and pass orders on the same, after affording an opportunity of being heard to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. If the petitioner files the representation within two weeks as directed above, further coercive recovery proceedings shall be kept in abeyance, till orders are passed by the Managing Director on the representation. S. SIRI JAGAN, JUDGE acd W.P.(C)No.31653/11 3 W.P.(C)No.31653/11 4