IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 14011 of 2009(V) -------------------------- PETITIONER(S): ------------------ 1. ANWAR BASHA, AGED 38 YEARS, S/O.MUHAMMADALI, RESIDING AT NABEEZA MANZIL, PALLITHERUVU, PUTHUNAGARAM (PROPRIETOR, ANWAR TRADERS, PUDUNAGARAM, PALAKKAD DISTRICT, PIN 678 503). 2. S.MURUGESAN, AGED 4O YEARS, S/O.SUBRAMANIAN, 7, NETHAJI ROAD, POLLACHI, TAMIL NADU. BY ADV. SRI.T.M.RAMAN KARTHA SMT.MANJULA NAIR RESPONDENT(S): ------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, GOVT. OF KERALA, DEPT.OF CIVIL SUPPLIES THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, PALAKKAD. 3. CIRCLE INSPECTOR OF POLICE, KOLLENGODE, PALAKKAD DISTRICT. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. --------------------------- W.P.(C).14011 of 2009 --------------------------- Dated this the 3rd day of June, 2009 JUDGMENT The petitioner is a trader in Foodgrains. According to him, though he has applied for a licence under the Kerala Foodgrain Dealers' Licensing Order, 1967, the application is pending. A consignment of 150 quintals of rice stated to be purchased by him from a dealer in Palakkad was transported in a vehicle belonging to the second petitioner, who is stated to have a valid inter state permit. The consignment was seized by the 3rd respondent apparently on the premise that the transportation is without authority. Hence this writ petition seeking a direction for release of the lorry along with the goods. 2. Learned Government Pleader, on instructions, submits that the vehicle along with the goods have been produced before the District Collector and infraction of the Rationing Order and Essential Commodities Act is suspected. 3. I heard learned counsel for the petitioner and the learned Government Pleader. W.P.(C).14011 of 2009 :: 2 :: 4. The District Collector is competent to take a decision on the release of goods and the vehicle. The District Collector is empowered under Section 6 A of the Essential Commodities Act to take a decision. 5. In the result, if the petitioner moves the 2nd respondent District Collector, he shall consider the petitioner's request for release of the goods as also the vehicle, within one month from the date of receipt of a copy of this judgment. Before taking a decision by the District Collector, he shall give an opportunity to the petitioner to show cause. On requisition made by the petitioner, a copy of the seizure mahazar as also the show cause notice, specifying the grounds on which the goods and vehicle are proposed to be retained, are to be given to the petitioner. Writ petition is disposed of as above. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge