IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3464 of 2010(G)
1. M/S.SUN FOOD PRODUCTS, REPRESENTED BY
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR, KERALA STATE CIVIL
3. THE DISTRICT COLLECTOR, KOZHIKODE.
4. THE DISTRICT SUPPLY OFFICER, KOZHIKODE.
5. THE TALUK SUPPLY OFFICER, QUILANDY.
6. THE ASSISTANT MANAGER, SUPPLYCO DEPO,
7. THE CIRCLE INSPECTOR OF POLICE,
For Petitioner :SMT.C.G.PREETHA
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :03/02/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.3464 OF 2010
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Dated this the 3rd day of February, 2010.
J U D G M E N T
The petitioner is a partnership firm engaged in the business
of purchase and sale of rice, wheat, chilly, pulses, edible oil etc.
in wholesale. From the Supplyco, they purchased 5500 quintals
of wheat which is evidenced by Exhibit P2. It is submitted that
the above article was purchased under the Open Market Sales
Scheme introduced by the Civil Supplies Corporation. While it
was being transported, the vehicle was seized by the
7th respondent and now the petitioner has moved the District
Collector as per Exhibit P4 seeking release of the vehicle. It is
pointed out that the seizure of the vehicle is illegal and the seized
quantity is not a rationed article.
2. Heard the learned Standing Counsel for the respondents
2 and 6 also.
In the light of the averments made by the petitioner in the
writ petition, there will be a direction to the 3rd respondent
W.P.(C) No.3464/2010 2
District Collector to take a decision on Exhibit P4 after verifying
the materials produced by the petitioner within a period of two
weeks. Learned counsel for the petitioner submitted that in the
meanwhile, the seized goods may not be distributed through
ration shops. The status quo as on today will be maintained till
orders are passed by the District Collector.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp