IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14011 of 2009(V)
1. ANWAR BASHA, AGED 38 YEARS,
... Petitioner
2. S.MURUGESAN, AGED 4O YEARS,
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. DISTRICT COLLECTOR, PALAKKAD.
3. CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.T.M.RAMAN KARTHA
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :03/06/2009
O R D E R
V.GIRI, J.
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W.P.(C).14011 of 2009
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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