Kerala High Court
Kunnathan Chip Boards Private Limited vs The District Collector, Ernakulam on 2 December, 2022
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
WP(C) NO. 39094 OF 2022
PETITIONER:
KUNNATHAN CHIP BOARDS PRIVATE LIMITED,
EAST VAZHAPPILLY P.O., OZHUKUPARA, NOIRAPPU,
MUVATTUPUZHA, PIN - 686 673,
REPRESENTED BY ITS DIRECTOR K.V. SIDHIK.
BY ADVS.R.LAKSHMI NARAYAN
R.RANJANIE
RESPONDENTS:
1 THE DISTRICT COLLECTOR, ERNAKULAM,
COLLECTORATE, CIVIL STATION, ECHAMUKU,
KUNNUMPURAM, KAKKANAD - 682030.
2 THE ADDITIONAL DISTRICT MAGISTRATE AND DEPUTY COLLECTOR
(GENERAL), ERNAKULAM, FIRST FLOOR OF CIVIL STATION,
ECHAMUKU, KUNNUMPURAM, KAKKANAD - 682030.
3 THE DEPUTY DIRECTOR OF AGRICULTURE,
FIRST FLOOR OF MINI CIVIL STATION, THRIPPUNITHURA,
KOCHI, KERALA 682301.
4 THE ASSISTANT DIRECTOR OF AGRICULTURE,
CIVIL STATION ROAD, VAZHAPPILY, MUVATTUPUZHA-686 673.
5 THE PRINCIPAL AGRICULTURAL OFFICER,
ERNAKULAM, ECHAMUKU, KUNNUMPURAM, PADAMUGHAL,
VAZHAKKALA, KAKKANAD-682 030.
SRI. P.S. APPU, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) NO.39094 OF 2022
JUDGMENT
Dated this the 2nd day of December, 2022 The petitioner is a Private Limited Company manufacturing chip boards. One of the essential components for the process is Technical Grade Urea. On 20.05.2022, an inspection was conducted in the petitioner's factory premises and certain quantity of Urea was seized. According to the authorities, the Urea seized is agricultural Urea, to be sold at subsidized rates to the farmers and therefore a regulated item.
2. The petitioner asserts that the Urea seized from the factory is industrial urea which fact has been proven by producing lab reports. Further, the police has also referred the crime registered against the petitioner pursuant to the seizure, finding that the Urea was purchased under valid bills. Pointing out these aspects and requesting to release the seized Urea, the petitioner moved an application before the District Collector. The application stands rejected by Ext.P15 order. Hence, this writ petition.
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3. Learned Counsel for the petitioner vehemently contended that Ext.P15 is patently illegal. The District Collector could not have directed to sell the Urea, after being convinced that the Urea is not neem coated. It is submitted that the District Collector's direction is way beyond the powers conferred under the Essential Commodities Act. Reliance is placed on the lab report, referral report of the police and the communication issued by the Principal, Agricultural Officer to the District Collector to contend that the Urea seized from the petitioner is not agricultural Urea.
4. Learned Government Pleader pointed out that the writ petition is not maintainable in view of the alternative remedy of appeal provided under Section 6C of the Essential Commodities Act, 1955.
5. Although the learned Counsel for the petitioner contended that the District Collector the impugned order being passed patently illegal and beyond the powers vested under the Essential Commodities Act, this Court has got ample powers to quash the order, I am not inclined to -4- W.P.(C) NO.39094 OF 2022 venture into such exercise, there being no contention that the alternative remedy is not efficacious.
The writ petition is accordingly closed, reserving the petitioner's right to file an appeal against Ext.P15 order as provided under Section 6C of the Essential Commodities Act. To provide such opportunity to the petitioner, further proceedings based on Ext.P15 shall be kept on hold for one month. If the appeal is filed in the meanwhile, the District Court shall consider the appeal and take a decision thereon expeditiously taking into account the fact that the Urea is a perishable commodity. The petitioner is also at liberty to move an application for stay along with the appeal. If such application is filed, the orders thereon shall be passed immediately.
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V.G. ARUN JUDGE bpr -5- W.P.(C) NO.39094 OF 2022 APPENDIX OF WP(C) 39094/2022 PETITIONER'S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE FORM NO.J, INDICATING PARTICULARS OF FERTILIZERS SAMPLED BY THE INSPECTING TEAM.
EXHIBIT P2 THE TRUE COPY OF THE REQUEST LETTER DATED 21.5.2022, ISSUED BY THE 4TH RESPONDENT TO THE STATION HOUSE OFFICER, MUVATTUPUZHA.
EXHIBIT P3 THE TRUE COPY OF THE FIR NO. 1368/2022 DATED 21.05.2022.
EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 02.06.2022, OF THE COURT OF SESSION, ERNAKULAM DIVISION IN CRL.M.C. NO. 1226/2022.
EXHIBIT P5 THE TRUE COPY OF THE REQUEST LETTER DATED 11.10.2022 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF THE REQUEST LETTER DATED 11.10.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P7 THE TRUE COPY OF THE REPORT DATED 15.6.2022 BEARING NO.17-10/2020-CFTI. EXHIBIT P8 THE TRUE COPY OF THE REPORT DATED 17.6.2020, BEARING NO.17-10/2020-CFTI. EXHIBIT P9 THE TRUE COPY OF THE REPORT DATED 17.06.2020, BEARING NO.17-10/2020-CFTI. EXHIBIT P10 THE TRUE COPY OF THE REQUEST LETTER DATED 23.08.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
-6-W.P.(C) NO.39094 OF 2022 EXHIBIT P11 THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE OFFICE OF THE 1ST RESPONDENT DATED 24.08.2022.
EXHIBIT P12 THE TRUE COPY OF THE COMMUNICATION DATED 12.09.2022, ISSUED BY THE 5TH RESPONDENT TO THE 1ST RESPONDENT.
EXHIBIT P13 THE TRUE COPY OF THE HEARING NOTICE DATED 1.10.2022, ISSUED TO THE PETITIONER. EXHIBIT P14 THE TRUE COPY OF THE HEARING NOTICE DATED 19.10.2022 ISSUED TO THE PETITIONER, INTIMATING THE HEARING DATE AS 26.10.2022.
EXHIBIT P15 THE TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 20.11.2022 BEARING NO.DCEKM/8292/22/M7.
EXHIBIT P16 THE TRUE COPY OF NOTICE ISSUED BY 4TH RESPONDENT TO PETITIONER.
EXHIBIT P17 THE TRUE COPY OF REPORT IN CRIME NO 1368/2022, OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MUVATTUPUZHA. EXHIBIT P18 THE TRUE COPY OF BILL DATED 5.3.2022, ISSUED BY MODERN WOODS.
EXHIBIT P19 THE TRUE COPY OF BILL DATED 9.4.2022, ISSUED BY MODERN WOODS.
EXHIBIT P20 THE TRUE COPY OF BILL DATED 5.4.2022, ISSUED BY BHARATH NATIONAL AGENCIES.