Kerala High Court
Shemon Babu vs The State Of Kerala on 22 August, 2016
Author: Shaji P. Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 1ST DAY OF NOVEMBER 2016/10TH KARTHIKA, 1938
WP(C).No. 34495 of 2016 (J)
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PETITIONER(S):
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SHEMON BABU,
AGED 35 YEARS, S/O BABU,
TC 71/945, THAIVILAKOM PURAYIDOM,
CHERIYATHURA, VALLAKKADAVU P.O.,
PUTTATHARA VILLAGE,
THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.K.V.ANIL KUMAR
RESPONDENT(S):
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1. THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM, THIRUVANANTHAPURAM-695 001.
3. THE DISTRICT MANAGER,
MATSYAFED DISTRICT OFFICE,
PATTOM, THIRUVANANTHAPURAM-695 001.
4. TALUK SUPPLY OFFICER,
OFFICE OF THE TALUK SUPPLY OPFFICE,
THIRUVANANTHAPURAM-695 001.
5. THE SUB INSPECTOR,
VALIATHURA POLICE STATION,
THIRUVANANTHAPURAM DISTRICT-695 001.
BY SENIOR GOVERNMENT PLEADER SRI.T.K.ARAVINDAKUMAR BABU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01-11-2016 ALONG WITH WPC.34532/2016 THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 34495 of 2016 (J)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE
BEARING REGISTRATION NO KL-16-H-2655 OF THE PETITIONER
P2 TRHE TRUE COPY OF FIR IN CRIME NO. 1263/2016 OF VALIATHURA
POLICE STATION
P3 THE TRUE COPY OF THE BILLS DATED 22/8/2016
P4 THE TRUE COPY OF THE ORDER UNDATED NO. D.S. 6. 2344/23015
ISSUED BY THE 2ND RESPONDENT
P5 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED 29/8/2016
RESPONDENT(S)' EXHIBITS
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NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
SHAJI P. CHALY, J.
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W.P.(C).Nos.34495 & 34532 of 2016
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Dated this the 1st day of November, 2016
JUDGMENT
These writ petitions are materially connected and therefore, I heard them together and propose to pass a common judgment.
2. Brief facts for the disposal of writ petition are as follows; on 11.08.2016 and 22.8.2016 vehicles belonging to the petitioners were seized under the provisions of the Essential Commodities Act and seeking release of the said vehicles, petitioners have submitted representations, which are pending consideration before the 2nd respondent. It is for the said authority to take necessary action on them under Section 6A of the Essential Commodities Act. Inaction on the part of the 2nd respondent to dispose of the representations submitted by the petitioners, these writ petitions are filed.
3. Having heard learned counsel for petitioner, learned Senior Government Pleader and perusing the documents on record and the pleadings put forth by the petitioners, I am W.P.(C). 34495 & 34532 of 2016 2 satisfied that, as per the provisions of Section 6A of the Essential Commodities Act, the District Collector, who is the authority vested with power to consider this question, will take necessary steps with respect to the representations submitted by the petitioners during the course of enquiry conducted thereunder as per the procedure prescribed under Section 6B of the Essential Commodities Act.
4. Therefore, there will be a direction to the 2nd respondent to take on board the representations submitted by the petitioners and consider the same in accordance with the provisions contained under Sections 6A and 6B of the Essential Commodities Act, within one month from the date of receipt of a copy of this judgment.
Writ petitions are disposed of accordingly.
Sd/-
SHAJI P. CHALY JUDGE smv 01.11.2016