SHIHABUDEEN Vs. DISTRICT SUPPLY OFFICER

JUDGEMENT

(1.) PURSUANT to the inspection conducted by the 2nd respondent in the petitioner's premises, 46 tons of rice was confiscated by Ext.P2 order passed by the District Collector and penalty was also imposed. Aggrieved by the said order petitioner filed Ext.P3 appeal before the State Government. It was thereafter that this writ petition was filed for an expeditious disposal of the appeal.

(2.) WHEN the case came up for consideration, learned Government Pleader disputed the maintainability of the appeal contending that an appeal is maintainable only before the District and Sessions Court. In view of the objection so raised, the petitioner filed an appeal before the District and Sessions Court, Palakkad, a copy of which is produced as Ext.P4. However, counsel for the petitioner submits that the District Court doubted the maintainability of the appeal and returned it by its order dated 6.7.2011. It is while so the case is coming up for hearing.