ASHRAF Vs. COMMISSIONER-CIVIL SUPPLIES

JUDGEMENT

(1.) PETITIONER 's vehicle was seized on allegations of violation of the provisions of the Essential Commodities Act ('the Act' for short). The petitioner sought release of the vehicle by Ext.P1 order, the District Collector directed release of the vehicle. The said order reads as under:

(2.) THE learned Government Pleader relies on clause 18 of the Kerala Kerosine Control Order, which gives power to the Government or the Commissioner of Civil Supplies to suo motu call for and examine the records of any order passed by the subordinate authority under the provisions of that order. But the counsel for the petitioner points out that that power is against the orders passed under the provisions of the Kerala Kerosine Control Order and not against the order passed under the Essential Commodities Act.

(3.) BUT , that is not the end of the matter. Going by Ext.P1 order, I find that it is only an interim order giving interim custody of the vehicle to the petitioner on the petitioner furnishing sufficient surety for the release of the vehicle. Even otherwise, I am thoroughly dissatisfied with the way in which the District Collector has passed that order. The District Collector has not considered anything in respect of the subject as to whether the petitioner is guilty of any violation of the Essential Commodities Act and simply directed release of the vehicle. In the above circumstances, this writ petition is disposed of with a direction to the District Collector to pass final orders in the matter pursuant to the issue of the petitioner's vehicle, giving reasons for the same, after complying with the formalities prescribed for such consideration, as expeditiously as possible, at any ate, within one month from the date of receipt of a copy of this judgment.