IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 27463 of 2011(G) -------------------------- PETITIONER : --------------------- DIXON ANTHONY, AGED 28 YEARS S/O.ANTHONY, THATTIL HOUSE, KURIYACHIRA PO, THRISSUR DISTRICT. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.RAJESH CHAKYAT RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REP. BY THE SECRETARY TO THE GOVT., FOOD AND CIVIL SUPPLIES DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR 680003. 3. THE DISTRICT SUPPLY OFFICER, COLLECTORATE, AYYANTHOLE, THRISSUR 680003. 4. THE TALUK SUPPLY OFFICER, COLLECTORATE, AYYANTHOLE, THRISSUR 680003 5. THE SUB INSPECTOR OF POLICE, PATTIKKAD, THRISSUR DISTRICT 680 652. R1 TO R5 BY GOVT. PLEADER SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 27463 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A TRUE COPY OF OTHE REGISTRATION CERTIFICATE ISSUED UNDER THE KERALA VALUE ADDED TAX RULES DATED 8.4.2011. EXT.P2 TRUE COPIES OFO BOTH INVOICES DATED 10.10.2011. EXT.P3 A TRUE COPY OF THE TAX INVOICE RAISED WITH REGARD TO THE PARTICULAR TRANSACTION. EXT.P4 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 15.10.2011. EXT.P5 A TRUE COPY OF THE ABOVE ORDER IN WPC 16523 OF 2011 RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 27463 OF 2011 ----------------------------------------------------- Dated this the 21st day of October, 2011 J U D G M E N T On 14.10.2011 a consignment of 21.50 tones of wheat purchased by the petitioner was seized by the respondent on the allegations that offences punishable under the Essential Commodities Act has been committed. Thereupon the petitioner appeared before the District Court and filed an application for getting the wheat and to confirm whether the wheat was diverted from what was available in the public distribution system. Even though complaint was made, no enquiry was held. Hence this writ petition is filed with the following prayer. “Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 2 to 4 to conduct preliminary enquiry as to whether the articles seized are public distribution W.P.(C) No. 27463 OF 2011 :2 : articles or not, and only there after to initiate any further proceedings, if advised including any grant of the same in attachment to any other dealer, in the interest of justice.” 2. When the matter came up for orders, the learned Government Pleader submits that on the request of the petitioner, sample of wheat was drawn and that the same has been send to the authorities of the Food Corporation of India to confirm whether the wheat is diverted from the Public Distribution System or not. Now, as such a submission has been made, I direct that the enquiry be completed on that basis and only thereafter further action in the matter shall be proceeded with. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge