CHAKO K Vs. TALUK SUPPLY OFFICER

JUDGEMENT

(1.) The petitioner is the licencee authorised to run ARD No.194 of Kunnathunadu Taluk. The licensed premises bears door No. 1/401 of Puthencruz Grama Panchayat. Formerly the door number was 2/373. Late in the night of 19/06/2009, the petitioner was arrested by the Sub Inspector of Police, Ambalamedu, and Crime No. 419 of 2009 of Ambalamedu Police Station was registered against him under S.3 and S.7 of the Essential Commodities Act and clause 5(a) of the Kerala Rationing Order, 1966 on the allegation that four bags of rationed rice were transported by him in an autorickshaw. He was enlarged on bail and released from custody by about 5 pm on 20/06/2009. After the petitioner was arrested, the premises where he was running ARD No. 194 was sealed by the Police on 19/06/2009 itself and Ext. P9 mahazar was prepared. While the petitioner was in custody, the fourth respondent inspected the business premises of the petitioner without notice to him. He thereafter issued Ext. P3 order dated 22/08/2009 stating that on inspection there was shortage of 500 kgms of BPL raw rice and 452 litres of kerosene besides certain other minor defects. On that ground, the Taluk Supply Officer suspended the licence issued to the petitioner to run ARD No. 194 under clause 45(8) of the Kerala Rationing Order, 1968. In this writ petition, the petitioner challenges Ext. P3 order. He contends that before Ext. P3 order was passed, he was not put on notice or heard. He further submits that his business premises was inspected on 20/06/2009 while he was in the Police custody and therefore, the findings based on the inspection conducted on 20/06/2009 cannot be used against him. The petitioner also challenges the competence of the Taluk Supply Officer to suspend or cancel the licence issued to him.

(2.) The first respondent has filed a counter - affidavit justifying the action taken by the fourth respondent. It is stated that when the petitioner's business place was inspected on 20/06/2009, 452 litres of kerosene and 500 kgms of raw rice were found in a room adjacent to the ration depot. On noticing this irregularity, the licence issued to the petitioner was suspended. Relying on the last portion of second limb of clause 45 of the Kerala Rationing Order, it is contended that when the licence issued to the authorised distributor is temporarily suspended pending enquiry, no notice or opportunity of being heard is contemplated. Reliance is placed on the decision of a learned Single Judge of this Court in Abdul Azees Kunju v. District Supply Officer, 1999 KHC 587 : 1999 (3) KLT 303 : 1999 (2) KLJ NOC 31 in support of the said contention.

(3.) I heard Sri. G. Krishna Kumar, the learned counsel appearing for the petitioner and Sri M. R. Sabu, the learned Senior Government Pleader appearing for the respondents. I have also gone through the flies leading to Ext. P3, that was made available as directed by this Court. Ext. P3 order was preceded by an inspection conducted at 11.15 am on 20/06/2009. At that time the petitioner was admittedly in Police custody. He was enlarged on bail only in the evening of that day. Therefore it is evident that before the inspection was conducted, the petitioner was not put on notice. Nor was the inspection conducted in his presence. In the report prepared after inspection on 20/06/2009 it is stated that in the room adjoining the licensed premises (the licenced premises bears door No. 1/401 and the adjoining room bears door No. 1/400) 500 Kgms of raw rice and 452 litres of kerosene were found. In Ext. P9 mahazar prepared by the Police before the business premises of the petitioner was sealed it is stated that the licensed premises bears door No. 1/401. It is also stated that the room lying to the south of the business premises bears door No. 1/400 and the room further south bears door No. 1/399. However the mahazar does not state that there are separate entrances to the said rooms from the main road which passes along the western side of the building. It is evident from the inspection report and also from Ext. P9 mahazar prepared by the Police that the licenced premises bears door No. 1/401. The allegation in Ext. P3 order is that in the room adjoining the licensed premises (the adjoining room bears door No. 1/400) 500 kgms of raw rice and 452 litres of kerosene were kept.