R RATHEESAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a registered dealer in cement, doing the name and style "S. R. Cement Traders" Pothencode at Trivandrum. The petitioner had got additional place of business at KPI-Uchakada P. O., Kottukal Panchayat, KPVII-812 Punnamoodu, Pallichal P. O., Kalliyod and 282 Vedivachancoil P. O. This is evident from Ext. P1 certificate of registration issued by the Sales Tax authorities under the Kerala General Sales Tax Rules, 1963. The District Collector, Trivandrum is the designated licencing authority under the Kerala Cement Distribution (Licensing and Regulation) Order, 1974. The petitioner has applied for a licence as a stockist for the non levy cement as per his application dated 26-3-1985. The said application was enquired into by the District Collector through the Tahsildar, Trivandrum before whom the petitioner has produced the appointment order obtained from M/s. Someswara Cements and Chemicals Ltd., Hyderabad, After due enquiry by the Tahsildar, Tahsildar recommended the application of the petitioner. On the basis of the enquiry report by the Tahsildar, the 4th respondent District Collector, Trivandrum as per Ext. P2 order dated 19-6-1985 appointed the petitioner as, a non levy cement stockist to stock and sell cement in building number PP VII/425 of Pothencode Panchayath subject to the provisions of the Kerala Cement Distribution (Licensing and Regulation) Order, 1974 amended as per G. O. No. 29333/78/ID dated 31-8-1978. The petitioner was further directed to remit the security deposit and licence fee.

(2.) On the basis of Ext. P2 order, a licence was issued by the 4th respondent, District Collector in favour of the petitioner as the licensee for non levy cement. The said licence is renewed from year to year. It is the case of the petitioner that on 8-12-1989, the petitioner had 49 bags of cement and the same was kept in his shop building bearing Door No. X-282/Vedivachancoil. The 3rd respondent, the Revenue Inspector, Neyyattinkara, made a search of the above shop at 6.30 P. M. on the said date and asked the sales assistant in charge of the shop to go out of the shop and thereafter, he seized the entire stock of cement. He has also sealed the building in which the cement was stocked. According to the petitioner, there is no inventory or seizure mahazar was prepared and no copy of the same was also handed over either to the petitioner or his agent who was in - charge of the shop. Neither the petitioner nor his agent, was given any notice about the search and seizure, by the 3rd respondent. He has also not stated any ground for making Such a seizure of the cement.

(3.) Immediately thereafter, the petitioner met the Tahsildar Neyyattinkara, the 2nd respondent and requested him to remove the lock put on the shop and to release the seized 49 bags of cement and also requested him to release the furniture and other articles seized from his shop, but the 2nd respondent did not take any action in the matter. Therefore, petitioner met the 4th respondent, District Collector on 11-12-1989 before whom also, he requested to release the seized articles and the cement. But he has also requested the District Collector to issue order to return the cash that was recovered from the shop by the 3rd respondent the Revenue Inspector. As instructed by the District Collector, the petitioner made Ext. P3 application dated 26-12-1989 requesting for stockist's licence in respect of Shop No. X282 Vedivachancoil from where the cement and other articles were seized by the 3rd respondent and also for other business places at Kottukal Panchayath, Kalliyur Panchayath and Vengannoor Panchayath. On the said application, the District Collector passed no orders so far. The request of the petitioner for return of the articles seized from his shop and also to remove the lock put on the building was not acceded to by the respondents and therefore, the petitioner was constrained to move this Court for appropriate reliefs in O. P. No. 871/90 wherein he has prayed for release of 49 bags of cement seized from his possession and also for return of the articles recovered from his business place.