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 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.

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 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 i