The court dismissed a writ petition challenging an order under Section 6B of the Essential Commodities Act, holding that an alternative remedy exists under Section 6C before the District and Sessions Court. The petitioner was left with liberty to file the statutory appeal.
Writ petition dismissed leaving liberty to file statutory appeal under Section 6C.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941 WP(C).No.21295 OF 2019(J)
PETITIONER/S:
GOPI, AGED 55 YEARS S/O KUNJUKRISHNA PILLAI, 21/52, HARIPRIYA NIVAS, MANKOTUKONAM, KOLLAYIL, PARASSALA, THIRUVANANTHAPURAM-695 502.
BY ADV. SRI.M.ABDUL RASHEED
RESPONDENT/S:
1 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, 2ND FLOOR CIVIL STATION BUILDING, CIVIL STATION ROAD, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM-695 043.
SRI.B.VINOD,SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21295 OF 2019(J)
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JUDGMENT
This writ petition is filed by the petitioner challenging Ext.P3 order passed by the District Collector under Section 6B of the Essential Commodities Act.
In my considered view, there is a clear remedy available to the petitioner under Section 6C to prefer appeal before the concerned District and Sessions Court. In that view of the matter, I do not think, petitioner has made out a case to interfere with Ext.P3 order under Article 226 of the Constitution of India. Therefore, the writ petition is dismissed, leaving open the liberty of the petitioner to file statutory appeal. If any appeal is filed with delay petition, I do not think the learned appellate Court will not take into account the period of pendency of this writ petition before this Court.
Sd/
SHAJI P.CHALY
JUDGE
Jm/
WP(C).No.21295 OF 2019(J)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE ORDER NO.C S6-1040/17 DATED 2.6.2017 ISSUED BY THE IST RESPONDENT.
EXHIBIT P2 TRUE PHOTOCOPY OF THE JUDGMENT IN CRL.APPEAL NO.108/2017 DATED 31.8.2018 OF THE COURT OF ADDL. SESSIONS JUDGE II, THIRUVANANTHAPURAM.
EXHIBIT P3 TRUE PHOTOCOPY OF THE ORDER NO.C.S6-1040/17 DATED 3.12.2018 OF THE IST RESPONDENT.
2 issues framed by the court
Whether a writ petition challenging an order under Section 6B of the Essential Commodities Act is maintainable considering the alternative remedy under Section 6C.
The petitioner’s liberty to file a statutory appeal despite the dismissal of the writ petition.
3 provisions across 2 enactments
Gopi
The District Collector, Thiruvananthapuram
Sub Inspector of Police Parassala Police Station
Taluk Supply Officer Supply Office, Neyyattinkara
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
