Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH TUESDAY,THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 WP(C).No. 5278 of 2006 (C) --------------------------- PETITIONER(S): -------------------------- 1. ALL INDIA RATION DEALERS ASSOCIATION, AMBALAPUZHA TALUK, REG.NO.01-05/98, K.P.A.BUILDING, VELLAKKINAR JUNCTION, ALAPPUZHA, REPRESENTED BY ITS SECRETARY, V.S.SIVAPPAN.
2. V.S.SIVAPPAN, ARD NO.137, AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT. BY ADV.SRI.MILLU DANDAPANI RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOOD & CIVIL SUPPLIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF CIVIL SUPPLIES, THIRUVANANTHAPURAM.
3. THE PRINCIPAL SECRETARY (FINANCE), FINANCE (NON-TAX REVENUE CELL) DEPARTMENT, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI.P.M.SANEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1102-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.5278/2006 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE REPRESENTATION DATED241/1999 SUBMITTED BY THE1T PETITIONER ASSOCIATION BEFORE THE HONOURABLE MINISTER FOR CIVIL SUPPLIES P2 COPY OF THE MINUTES OF MEETING HELD ON113/1999 BETWEEN THE1T PETITIONER ASSOCIATION AND THE HON. MINISTER FOR FOOD, TOURISM AND LAW P3 COPY OF THE ORDER
DATED13/1999 ISSUED BY THE3D RESPONDENT P4 COPY OF THE REPRESENTATION DATED034/1999 SUBMITTED BY THE1T PETITIONER BEFORE THE HON'BLE MINISTER FOR CIVIL SUPPLIES P5 COPY OF THE JUDGMENT
DATED236/2005 IN O.P.NO.10766/99 OF THIS HONOURABLE COURT P6 COPY OF THE REPRESENTATION DATED289/2005 SUBMITTED BY THE1T PETITIONER BEFORE THE1T RESPONDENT P7 COPY OF THE ORDER
DATED1910/2005 ISSUED BY THE1T RESPONDENT P8 COPY OF THE CIRCULAR NO.A-814/12/CFS DATED2205/2012 ISSUED BY THE COMMISSION OF THE FOOD SAFETY,KERALA. P9 COPY OF THE COMMUNICATION NO.(CS) A1-9253/12 DATED3105/2012 OF THE CIVIL SUPPLIES COMMISSIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts BABU MATHEW P. JOSEPH, J.
- - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.5278 of 2006 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February, 2014
JUDGMENT
This writ petition has been filed challenging the enhancement of licence fee and renewal fee in respect of the ration dealers and for other reliefs.
2. Heard the learned Senior Counsel appearing for the petitioners and the learned Senior Government Pleader appearing for the respondents.
3. Learned Senior Counsel submits that during the pendency of this writ petition, Food Safety and Standards Act, 2006, has been enacted and the Regulations under that Act were framed and promulgated in 2011. The provisions of the said Act came into force in the State of Kerala in 2011. In the light of the provisions contained in the said Act, the Commissioner of Food Safety, Kerala, issued Ext.P8 circular dated 22.05.2012 which has a bearing in the matter involved in this writ petition. Therefore, the petitioners W.P.(C) No.5278 of 2006 -2- have no objection in disposing of this writ petition without prejudice to the petitioners to seek the remedies, if any grievance still exists.
4. Having heard both the sides, this court is also of the view that this writ petition can be disposed of as prayed for by the learned Senior Counsel for the petitioners. In the result, this writ petition is disposed of without prejudice to the right of the petitioners to seek remedies, if any grievance still subsists. Sd/- BABU MATHEW P. JOSEPH, JUDGE shg/