IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37706 of 2010(K)
1. V.M.JAMAL, PROPRIETOR,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR,
... Respondent
2. DISTRICT SUPPLY OFFICER,
3. TALUK SUPPLY OFFICER,
4. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.K.I.MAYANKUTTY MATHER
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :20/12/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 37706 of 2010 K
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Dated this the 20th day of December, 2010
J U D G M E N T
Petitioner challenges Ext.P5. According to the
petitioner, he is a food grain dealer, who has been issued
Ext.P1 licence valid till 31-03-2010. His application for
renewal of the licence is stated to be pending. According to
the petitioner, while so, on 06-10-2010, 150 bags of rice sold
by him to a dealer as per Ext.P2 invoice was intercepted and
seized by the fourth respondent. Thereupon, petitioner filed
Ext.P3 claim petition before the first respondent, on which
Ext.P4 hearing notice was issued. It is also stated that on
seizure, the stock was entrusted with AWD No.24 of
Kolencherry. According to the petitioner, on Ext.P3 claim
petition, Ext.P5 order has been passed, confiscating the stock
of rice. It is stated that such confiscation ordered by Ext.P5,
without notice as contemplated under Section 6B of the
Essential Commodities Act, 1955, is illegal.
W.P.(C) No.37706/10
: 2 :
2. I heard the learned Government Pleader also.
Although the learned Government Pleader made an attempt
to justify Ext.P5, still it is obvious from Ext.P5 itself that the
order has been passed without issuing notice to the petitioner
as contemplated under Section 6B of the Essential
Commodities Act. For that reason, Ext.P5 cannot be
sustained and accordingly, Ext.P5 will stand set aside.
3. It is made clear that it will be open to the first
respondent to pass fresh orders in the matter, duly complying
with the requirements of the Essential Commodities Act.
4. If, till the date of production of a copy of this
judgment before the first respondent, the rice in question has
not been distributed, it is directed that the rice shall not be
distributed until fresh orders are passed in the matter.
Writ petition is disposed of as above.
Sd/-
(ANTONY DOMINIC, JUDGE)
aks
// True Copy //
P.A. To Judge