The writ petitioners are Authorised Wholesale Distributors (AWDs) appointed in Alappuzha District under the Kerala Rationing Order. They have approached this Court on account of non release of the entire stock of wheat allotted to the petitioners for the month of October, 2014. They would submit that they are entitled to lift wheat from the depots of respondents 6 and 7. They also rely on Ext.P3 to establish that non availability of stock at the depot of the Food Corporation of India (FCI) at Alappuzha, prevented them from lifting the stock.
2. A counter affidavit has been filed by respondents 4 to 7. It is submitted that sufficient quantity of food grains was available with FCI to fulfil the monthly requirement of 136882 metric tonnes.
W.P.(C).No.30467/2014 -:2:-
It is further submitted that it is on account of domestic problem of the petitioners, food grains were not lifted by the petitioners. It is further submitted that on account of non lifting, the food grains were diverted to the depots at Ernakulam District and the petitioners shall obtain release from the depots at Ernakulam.
3. It is to be noted that the petitioners have remitted necessary costs, as seen from the communication of the Director of Civil Supplies to the General Manager, FCI Regional Office, Thiruvananthapuram placed before me. It is further stated therein that the AWDs could not lift the stock within the time limit owing to non availability of sufficient quantity of stock at FCI depots at Alappuzha. I need not disbelieve the communication issued by the Director of Civil Supplies. Therefore, the allegation that it is owning to the domestic problem the petitioners did not lift wheat, is untenable.
W.P.(C).No.30467/2014 -:3:-
4. It is fairly admitted by the learned Senior Counsel Shri T.P.M.Ibrahim Khan that if the petitioners lift quantity of wheat allotted to them from the depots of FCI in Kochi, based on the agreement with the Government, necessary transportation charges would be reimbursed by the FCI in accordance with law.
5. In view of the above facts and circumstances, immediately after lifting wheat from the FCI depots at Kochi, necessary transportation charges shall be reimbursed to the petitioners based on the authentication by the Civil Supply Officer concerned without any delay.
The writ petition is disposed of. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms