High Court Kerala High Court

Kunhi Mohammed vs District Collector on 24 June, 2010

Kerala High Court
Kunhi Mohammed vs District Collector on 24 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19750 of 2010(P)


1. KUNHI MOHAMMED, AGED 54 YEARS,
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR, MALAPPURAM.
                       ...       Respondent

2. DISTRICT SUPPLY OFFICER,

3. THE CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.C.V.MANUVILSAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :24/06/2010

 O R D E R
                          S. SIRI JAGAN, J.
                    ------------------------------
                    W.P.(C) No.19750 OF 2010
                    -------------------------------
              Dated this the 24th day of JUNE, 2010


                          J U D G M E N T

The petitioner’s rice has been seized on allegations of

violation of the Essential Commodities Act. The petitioner

submits that the allegation that the rice in question was intended

for public distribution is not correct and the petitioner’s rice is

branded rice supported by appropriate sale bills. The petitioner

relies on Ext.P3 sale bill in this respect. The petitioner, therefore,

seeks the following reliefs:

“i. Issue a writ of Mandamus directing the 3rd
Respondent/or 1st Respondent to release the seized 63
sacks of rice which are the branded articles viz. Adam
Brand AB No.1 best quality rice, Andhra(APPLICANT)
Gundur, Net weight 50KG, to the petitioner.
ii. Issue a writ of Mandamus directing the 1st
REspondent, District Collector, Malappuram to consider
Exhibit P4 petition without any further delay, by affording
a reasonable opportunity of being heard to the Petitioner
or his authorised representative”

2. I am afraid that I cannot consider these matters in this

writ petition, in so far as the same requires appreciation of

evidence.

W.P.(C)No.19750/10 2

In the above circumstances, this writ petition is disposed

of with a direction to the first respondent to pass final orders

pursuant to the seizure of the petitioner’s rice as expeditiously

as possible, at any rate, within a period of one month from the

date of receipt of a copy of this judgment. Needless to say,

the petitioner shall be afforded an opportunity of being heard

before passing final orders.

S. SIRI JAGAN, JUDGE

acd

W.P.(C)No.19750/10 3