IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 16751 OF 2019
PETITIONER/S:
ABDU,
AGED 75 YEARS
S/O.SAITHALI, PATHATH HOUSE, PARIYAPURAM (P.O), ANGADIPURAM,
MALAPPURAM DISTRICT, PIN- 679 321.
BY ADVS.
K.V.BHADRA KUMARI
SMT.P.V.RADHAMANI
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO FOOD AND CIVIL SUPPLIES
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 01.
2 FOOD AND SAFETY COMMISSIONER,
OFFICE OF THE COMMISSIONER OF FOOD SAFETY, THYCAUD,
THIRUVANANTHAPURAM, PIN- 695 014.
3 FOOD SAFETY OFFICER,
MALAPPURAM CIRCLE, CIVIL STATION, MALAPPURAM, MALAPPURAM
DISTRICT, PIN- 676 505.
4 ADDL. R4 IMPLEADED:
KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED,
MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, KOCHI-682 019.
(ADDL. R4 IS SUO MOTU IMPLEADED AS PER ORDER DATED
25/06/2019 IN WPC.)
BY ADVS.
SRI. TEK CHAND, SR. GOVERNMENT PLEADER
SMT.MOLLY JACOB, SC, SUPPLYCO
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 16751/2019 :2:
S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
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W.P.(C) No. 16751 of 2019
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Dated this the 23rd day of June, 2022.
JUDGMENT
S. MANIKUMAR,CJ.
The petitioner is a consumer of Pariyapuram ration shop situated in Angadipuram Village in Malappuram District and is working as loading and unloading employee of Perinthalmanna Supply godown.
2. According to him, the rice adulterated with red oxide and few other chemicals, which bring down colour to white rice, was distributed through the ration shops named as "Matta rice" throughout the State. While washing the rice, the colour fades and the hands and pots would turn brownish and pots become oily.
3. It is his further contention that on enquiry, he came to know that the Government used to collect paddy from farmers directly and entrusted the same to private mills for pounding to take rice from it. Then the private mill owners would export the said quality rice to foreign countries and private business firms and return the rice adulterated with red oxide and other chemicals to get the brown colour and named as "Matta rice' to supply Co. godowns. The said adulterated W.P.(C) No. 16751/2019 :3: rice is supplied to Supply Co. godowns in order to distribute the same, to the laymen through ration shops. It is also submitted that the usage of red oxide and other chemicals for adulteration of the rice would cause cancer and other terminal illnesses.
4. The grievance of the petitioner is that even though he has submitted Ext. P1 representation before the respondents requesting them to take action, they have not cared to stop the distribution of the adulterated rice through the ration shops or to take any action to test whether the said rice is adulterated. According to him, if the said rice is distributed through ration shops, there would be serious health problems to the people.
5. It is also submitted that the Food & Safety Commissioner, Office of the Commissioner of Food Safety, respondent No.2, is the authorised officer to conduct an investigation into the complaints with regard to adulteration of food or any other articles and the said officer is authorised to prohibit sale of any adulterated food items or articles. Hence this writ petition for the following reliefs:
1. To issue a writ in the nature of mandamus or any other writ, order or direction directing the first and second respondents to conduct enquiry and action on Ext. P1 representation submitted by the petitioner.
W.P.(C) No. 16751/2019 :4:
2. To issue a writ in the nature of mandamus or any other writ, order or direction directing respondent Nos. 1 to 3 to conduct enquiry about the supply of adulterated rice from Supply Godown and distributed through ration shops throughout the State in the name and style as "Matta rice".
6. Controverting the allegations contained in the writ petition, a counter affidavit is filed by the Kerala State Civil Supplies Corporation Limited, additional respondent No.4, stating as follows:
5. In this Connection it may be noted that Government of Kerala as per GO (MS) No. 22/2005 /FCS&CAD dated 4.6.2005 appointed Kerala State Civil Supplies Corporation (shortly known as Supplyco) as Authorized Agency for the State of Kerala under the decentralized paddy procurement scheme of Govt. of India. In fact, the said Scheme was formulated to protect the farmers from the exploitation of millers by providing minimum support price declared by the Government of India as well as Kerala. The scheme is also intended to encourage the farmers to cultivate more paddy by providing incentives.
6. It is submitted that as per the procedure of paddy procurement, processing and marketing scheme followed by Supplyco the millers contracted with Supplyco procure paddy from the allotted paddy fields, fill the same in the gunny bags, transport the same to the mills, store it in the premises approved by Supplyco, process the paddy procured as Custom W.P.(C) No. 16751/2019 :5: Milled Rice (CMR) and return the rice as per Out Turn Ratio (OTR) fixed by Government. The rice processed on monthly basis is allotted to the Public Distribution System (PDS) as per allotment order of Civil Supplies Department.
7. The quality of the processed rice is checked at 3 stages before distributing it to the ration shops. The quality of the process rice is checked first by a joint inspection team comprising Paddy Quality Assurance Officers who are Agricultural Officers/Assistant Directors from the Agricultural Department who are working on deputation in the Supplyco, the Junior Manager of the Depot concerned and an officer not below the rank of Rationing Inspector from the Civil Supplies Department. Thereafter quality of the Custom Milled Rice will be again checked by the Paddy Quality Assurance Officer at the time of release to NFSA/ PDS godown from the contracted rice mill. If any kind of anomaly is found in the quality of rice the same will be rejected then and there and the miller will be directed to replace the same or re process it so as to cope up with the quality specifications specified in the agreement executed by the miller with Supplyco. The Quality Assurance Officer attached with NFSA/PDS godown inspect the rice kept there before releasing it to the ARDS for public distribution. In fact samples from each batch of rice is taken at the time of release of CMR from the mills to NFSA PDS godown. One sample each will be kept in the mill and in the godown and the W.P.(C) No. 16751/2019 :6: 3rd sample will be provided to the transporting contractor so as to cross check it with the sample taken at the time of release from the mill.
8. Apart from the quality check made at the stages mentioned above the Internal Vigilance wing in Supplyco headed by a Superintendent of Police with Flying Squad in all districts conduct frequent inspections in all go downs. From the above it can be seen that quality assurance of CMR is made in a fool proof manner.
9.It is most humbly submitted that a representation dated 2452019 submitted by the petitioner before the Hon'ble Minister for Food & Consumer Affairs in his State Council Member, Communist Marxist Party (CMP) alleging that rice adulterated with red oxide and chemicals are being distributed through ration shops was forwarded to Chairman & Managing Director of Supplyco with the endorsement 'examine and take urgent action. It was received in the Head office of Supplyco on 1562019. Immediately directions were issued to the Regional Manager, Palakkad and Depot Manager, Perinthalmanna to enquire into the veracity of the allegations raised in the representation and report the action taken. Thereupon the Junior Manager (Quality Assurance), Malappuram collected sample of rice from Perinthalmanna NFSA/PDS godown on 15.06.2019 and forwarded it to Food Quality Monitoring Laboratory, Council For Food Research & W.P.(C) No. 16751/2019 :7: Development (CFRD), Konni, Pathanamthitta District for examination of extraction and evaluation of surface coating of the rice. The test report received from the CFRD dated 186 2019 proved that adulteration as alleged by the petitioner is absent in the sample. A true copy of the test report dated 186 2019 of the Senior Analyst of Food Quality Monitoring Laboratory, CFRD is produced herewith and marked as Exhibit R4(a). In fact the Quality Assurance Officers checked the quality of CMR in all depots before distributing it to the ARDS' and found that the rice is within the quality specifications and good for distribution. The Depot Managers of Taluk Depot, Manjeri, Ponnani, Thirurangadi and Thirur reported that the rice distributed to the ARDS was of good quality which were examined by Quality Assurance Officer before its distribution. It is also reported that no complaint regarding the rice in issue has been received.
10. It is most humbly submitted that in Kerala there are two varieties of paddy ie., paddy with white bran & paddy with brown ban. The grade specification prescribed for the rice from paddy with brown bran is 25% ie., 1/4th of surface area of grain. The paddy with brown ban when processed to CMR the remains of the unremoved bran will be sticking on the grain as small particles. So when this rice is washed the bran particles along with bran oil will also come into water, which may change the colour of the water. In this context may be noted W.P.(C) No. 16751/2019 :8: that the quantity of rice for public distribution is 1ssued as per allotment made by government. The price of such rice is also fixed by government. So nothing is going to be achieved by colouring white rice to give it the appearance of Matta rice.
11. As already submitted the Custom Milled Rice is coming out of the mill godown after two quality check s also done in the NFSA/PDS godown before release for distribution to ARDS'. In fact no health hazards have been reported from any area due to the use of the alleged rice . The petitioner submitted representation dated 2452019 before the Hon'ble Minister for Food & Consumer Affairs and the next day 2552019 Ext.P2 report appeared. The allegations raised therein is absolutely baseless which is revealed from the facts detailed above. Hence it is most humbly prayed that this Hon'ble court may be pleased to find that the writ petition is devoid of merits and accordingly the same may kindly be dismissed."
7. We have heard Sri. K.V. Bhadra Kumari for the writ petitioner and Smt. Molly Jacob, learned Standing Counsel, for Kerala State Civil Supplies Corporation Limited, and perused the pleadings and materials on record.
8. Even though various contentions and allegations are raised in the writ petition, the relief sought for in the writ petition is for a direction to the State Government and the Food and Safety W.P.(C) No. 16751/2019 :9: Commissioner to conduct enquiry on Ext. P1 representation dated 25.05.2019 submitted by the petitioner.
9. Apparently, during the pendency of the writ petition, an enquiry has been conducted by the Kerala State Civil Supplies Corporation and that a conclusion has been arrived at that the apprehensions voiced by the petitioner are not correct and appropriate measures have been taken by the Kerala State Civil Supplies Corporation to prevent any adulteration in the ration rice.
10. From the counter affidavit filed by the additional 4 th respondent, it is clear that the grievance voiced by the petitioner is actually redressed. In that view of the matter, nothing remains to be considered in this writ petition on merits.
Accordingly, this writ petition is disposed of.
sd/-
S. MANIKUMAR, CHIEF JUSTICE.
sd/-
SHAJI P. CHALY, JUDGE.
Rv W.P.(C) No. 16751/2019 : 10 : APPENDIX OF WP(C) 16751/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE CHIEF MINISTER AND THE RESPONDENTS DATED 25.05.2019.
EXHIBIT P2 TRUE COPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 25.05.2019. RESPONDENT EXHIBITS EXHIBIT-R4(a) PHOTO COPY OF THE TEST REPORT DATED 18-6-2019 OF THE SENIOR ANALYST OF FOOD QUALITY MONITORING LABORATORY, CFRD, KONNI.
RESPONDENTS' EXHIBITS: NIL /True Copy/ PS to Judge.
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