High Court Kerala High Court

Pratheesh.N. vs The District Collector on 27 July, 2009

Kerala High Court
Pratheesh.N. vs The District Collector on 27 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20994 of 2009(T)


1. PRATHEESH.N., S/O.GANGADHARAN,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, PALAKKAD.
                       ...       Respondent

2. THE TLAUK SUPPLY OFFICER,

3. CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.BINOY VASUDEVAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :27/07/2009

 O R D E R
                          V.GIRI, J
                        -------------------
                     W.P.(C).20994/2009
                        --------------------
            Dated this the 27th day of July, 2009

                        JUDGMENT

Petitioner is an LPG distributor. His vehicle was

seized on 29.4.2009 and was released on the same date as

well, on condition that it will be produced as and when

directed by the authorities. Proceedings have been

initiated against the petitioner by the District Collector

under Section 6B of the Essential Commodities Act.

Vehicle was subsequently surrendered at the instance of the

District Collector. Petitioner has filed Ext.P7 statement of

objections, but is aggrieved that final orders have not been

passed by the District Collector so far. It is also pointed out

that even if the allegations in Ext.P6 are taken in its

entirety, same will not constitute a contravention of the

provisions of the LPG (Regulation of Supply and Distribution

Order) 2000, and therefore, there will be no contravention

of the provisions of Essential Commodities Act also.

2. Since the objection taken by the petitioner is with

regard to the maintainability of the proceedings, District

W.P.(C).20994/09
2

Collector shall pass final orders pursuant to Ext.P6 within

six weeks from the date of receipt of a copy of this

judgment, after hearing the petitioner who shall appear on

the date when the District Collector asks him to appear. It

is made clear that if there is any delay in orders being

passed as directed above, then petitioner’s vehicle bearing

registration No.KL-9-Q 7309 shall be released to the

petitioner, subject to the undertaking that it shall thereafter

be produced as and when required by the District Collector.

Writ petition is disposed of as above.

V.GIRI,
Judge

mrcs