RAJESH Vs. DIRECTOR OF CIVIL SUPPLIES

JUDGEMENT

(1.) The writ petition is preferred challenging Ext.P12 order issued by the District Supply Officer. The issue involved in this case pertains to the seizure of ration articles from a grocery shop and registration of a police case as Crime No.774 of 2012 under Sec. 3(2)(c) and Sec. 7(1)(a)(ii) of the Essential Commodities Act and Clause 5(a) of the Kerala Rationing Order, 1996. Thereby it was found that nine authorised retail distributors in Thalappally Taluk had diverted their stock of ration sugar for sale in open market and those licensees were arrayed as accused in Crime No.774 of 2012 of Erumapetty Police Station.

(2.) The petitioner approached this Court by preferring this writ petition stating that he is a beneficiary of the Public Distribution System and he along with other people in the locality had submitted various complaints to the authorities concerned about the diversion of ration articles for sale in the black market. In pursuance of such complaints, a raid has been conducted by the police and seizure has been effected. It is also complained that on knowing the seizure from the open market, the licensed authorised retail shops were closed and those licensees absconded. It is also stated that the then Taluk Supply Officer and the Rationing Inspector were also arrayed as accused in Crime No.774 of 2012. Subsequently, those authorised retail distributors involved in the alleged misappropriation of ration articles were suspended pending enquiry.

(3.) In these circumstances, the petitioner approached the appropriate authority, requesting not to renew the licence of the licensees involved in these offences. On the basis of such complaint, the 1strespondent had issued a communication dtd. 27/5/2014 and taking his complaint into consideration, he was informed that final orders against ARDs concerned will be issued only after finalisation of the police case.