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.
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W.P.(C) No.19750 OF 2010
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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