Abdul Karim P.C. vs. The District Collector - Kerala High Court, 02 March 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA TUE AY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942 WP(C).No.3387 OF 2021(W) PETITIONER: ABDUL KARIM P.C., AGED 67 YEARS, S/O.CHERU MOIDEEN, PANANGADU HOUSE, ANJUMURI, PUTHUCODE, PALAKKAD, KERALA, PINCODE - 678687. BY ADVS. SRI.R.PREMCHAND SMT.A.A.DILSHAH RESPONDENTS: 1 THE DISTRICT COLLECTOR, PALAKKAD DISTRICT, CIVIL STATION, COLLECTORATE POST, PALAKKAD, KERALA, PINCODE - 678001. 2 THE DISTRICT SUPPLY OFFICER, DISTRICT SUPPLY OFFICE, PALAKKAD, CIVIL STATION, COLLECTORATE POST, PALAKKAD, KERALA, PIN CODE - 678001. 3 SUB INSPECTOR OF POLICE, ALATHUR POLICE STATION, NEAR DYSP OFFICE, ALATHUR, PALAKKAD, KERALA, PIN CODE - 678541. BY ADV. SMT.PRINCY XAVIER, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.3387 OF 2021(W) 2 JUDGMENT The petitioner claims to be the proprietor of Floor Mill and Oil Mill being run on the basis of the registration with statutory authorities.

According to him, the lorry, load with rice to petitioner's shop on being purchased from M/s.Sooraj Agro Mills (India) Pvt. Ltd, was seized by the 2nd respondent on 05.09.2020. It is stated that the rice was being transported in the vehicle owned by petitioner's son while it was being driven by a daily wage driver one Mr.Rajan. It is stated that Ext.P5 notice was issued to the driver of the vehicle for attending a hearing on 05.11.2020 and the driver had given a statement before the 2nd respondent on 05.11.2020. 3. Petitioner claims that no notice was

WP(C).No.3387 OF 2021(W) 3 issued either to petitioner for whom the rice was purchased or the owner of the vehicle in which the rice was being transported and therefore petitioner had submitted Ext.P7 petition before the District Collector – the 1st respondent on 14.01.2021. According to the petitioner, even after receipt of Ext.P7 application, the 1st respondent does not take any action.

The learned Government Pleader on instructions submits that the District Collector has finalised the proceedings as per order dated 28.01.2021. 5. However, the learned counsel for the petitioner submits that petitioner or his son, are not in receipt of any communication from the 1st respondent

regarding finalisation of any proceedings and no notice has been issued to either of them

WP(C).No.3387 OF 2021(W) 4 though the vehicle, which is seized belongs to petitioner's son and the rice which was seized, was purchased at the instance of the petitioner and hence no proceedings are initiated or conducted in accordance with Section 6A or B of the Essential Commodities Act, 1955. In the said circumstances, the writ petition is disposed of with a direction to the 1st respondent to consider Ext.P7 application in accordance with law and to pass orders within a period of two months from the date of receipt of a copy of the judgment,

after

giving

sufficient opportunity of hearing to petitioner. P.V.ASHA WW JUDGE

WP(C).No.3387 OF 2021(W) 5 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE CERTIFICATION OF REGISTRATION UNDER KVAT RULES ISSUED BY THE COMMERCIAL TAX OFFICER, ALATHUR DATED 18/05/2007. EXHIBIT P2OF THE CERTIFICATION OF GST REGISTRATION DATED 21/09/2017. EXHIBIT P3OF THE INVOICE NO.SAM4664 DATED 3/9/20 ISSUED BY M/S.SOORAJ AGRO MILLS (INDIA) PVT. LTD, PALAKKAD. EXHIBIT P4OF THE PURCHASE BILL ISSUED BY THE PETITIONER FOR RS.87,000/- DATED 05/09/20. EXHIBIT P5OF THE NOTICE UNDER SECTION 6(B) OF THE ESSENTIAL COMMODITIES ACT, 1955 ISSUED TO THE DRIVER OF THE VEHICLE DATED 20.10.2020. EXHIBIT P6OF THE STATEMENT GIVEN BY THE DRIVER OF THE VEHICLE DATED 05.11.2020. EXHIBIT P7OF THE PETITION GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT DATED 14.01.2021.