Karthikeyan vs. The District Collector - Kerala High Court, 29 May 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNE AY, THE 29TH DAY OF MAY 2019 / 8TH JYAISHTA, 1941 WP(C).No. 4374 of 2019 PETITIONER/S: KARTHIKEYAN, PROPRIETOR, NIRAPARA FOOD PRODUCTS, PANCHIKALA, POOVAR P.O, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.VINOD MADHAVAN SRI.M.V.BOSE RESPONDENT/S: 1 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, KOLLAM, PIN-691 001 2 THE SUB INSPECTOR OF POLICE, PARIPPALLY POLICE STATION, KOLLAM CITY, PIN-691 574 3 THE DISTRICT SUPPLY OFFICER, OFFICE OF THE DISTRICT SUPPLY OFFICER, KOLLAM, PIN-691 001 4 THE TALUK SUPPLY OFFICER OFFICE OF THE TALUK SUPPLY OFFICER, KOLLAM, PIN-691 001

R1 TO R4 BY SMT. B VINITHA. GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.05.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4374 of 2019 2 JUDGMENT This writ petition is filed by the petitioner, challenging seizure of food grains contained in plastic bags while in transit to the respective shops of the purchasers of rice from the petitioner, alleging it to be rationed articles. Ext.P6 FIR is registered by the Parippally Police Station, Kollam District.

While matters being so, petitioner has submitted Ext.P8 before the District Collector challenging the action of seizure, which is pending in File No.DCKLM/1272/2019-M8, before the District Collector. The sole relief sought for by the petitioner is adjudication of Ext.P8, also taking into account, the contentions raised by the petitioner that the District Collector has no power to entertain any aspects as per the rationing order in view of Section 97(2) of the Food Safety and Standards Act, 2006. 3. When this writ petition was admitted to the files of this court, an interim stay of distribution of rise through Public Distribution System was granted for a period of one month, which was subsequently extended, and it is in force now.

WP(C).No. 4374 of 2019 3

Having considered the urgency of the matter and hearing respective counsel on either side, there will be a direction to the 1st respondent to finalize Ext.P8 application submitted by the petitioner specified above, at the earliest and at any rate, within a month from the date of receipt of a copy of this judgment, after providing an opportunity of hearing to the petitioner or any other interested persons. Till such time, the interim order granted by this court as specified above will continue to be in force. The writ petition is disposed of, accordingly. SHAJI P.CHALY JUDGE uu 29.05.2019

WP(C).No. 4374 of 2019 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THEOF THE LICENSE NO. 1131500100032, DATED 18/03/2015, ISSUED BY THE COMMISSIONERATE OF FOOD SAFETY UNDER THE FOOD SAFETY UNDER THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA TO THE CONCERN OF THE WRIT PETITIONER. EXHIBIT P2 THEOF THE LICENSE, DATED 14/5/2018, ISSUED BY THE POOVAR GRAMA PANCHAYAT TO THE WRIT PETITIONER. EXHIBIT P3 THEOF THE REGISTRATION CERTIFICATE NO. 32AIPPC4278FIZC ISSUED UNDER THE GST TO THE WRIT PETITIONER. EXHIBIT P4 THEOF THE LICENSE NO. 09/2010-11/KFDL/W/NTA ISSUED TO WRIT PETITIONER UNDER THE KERALA FOOD GRAINS DEALERS LICENSING ORDER ALONG WITH THE COPY OF THE CHALAN DATED 13/03/2017 TOWARDS REMITTANCE OF FEE FOR RENEWAL EXHIBIT P5 THEOF THE INVOICE NO. GST 4112, DATED 26/1/2019 RAISED BY THE WRIT PETITIONER IN FAVOUR OF FATIMA TRADERS, WITH THE REGISTRATION NUMBER OF THE LORRY. EXHIBIT P5 A THEOF THE INVOICE NO. GST 4116, DATED 26/1/2019 RAISED BY THE WRIT PETITIONER IN FAVOUR OF S&S TRADERS, WITH THE REGISTRATION NUMBER OF THE LORRY. EXHIBIT P5 B THEOF THE INVOICE NO. GST 4119, DATED 26/1/2019 RAISED BY THE WRIT PETITIONER IN FAVOUR OF S&S TRADERS, WITH THE REGISTRATION NUMBER OF THE LORRY. EXHIBIT P6OF THE F.I.R NO. 0045, DATED 28/1/2019 REGISTERED IN THE PARIPPALLY POLICE STATION. EXHIBIT P7OF THE RECEIPT DATED

WP(C).No. 4374 of 2019 5 28/1/2019 ISSUED BY THE S.I. OF POLICE, PARIPPALLY. EXHIBIT P8OF THE REPRESENTATION PREFERRED BY THE WRIT PETITIONER BEFORE THE DISTRICT COLLECTOR, KOLLAM.