Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE27H DAY OF MAY20146TH JYAISHTA, 1936 WP(C).No. 7912 of 2014 (L) --------------------------- PETITIONER(S): -------------- C.L.SHAJI, AGED48YEARS S/O.LONAPPAN, CHIRAYATH HOUSE, CHELAKKODE POST THRISSUR BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA RESPONDENTS: ------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY DEPARTMENT OF CIVIL SUPPLIES, SECRETARIAT THIRUVANANTHAPURAM, PIN695004.
2. THE COMMISSIONER O/O.THE CIVIL SUPPLIES COMMISSIONER THIRUVANANTHAPURAM, PIN695004.
3. THE TALUK SUPPLY OFFICER TALAPPILLY TALUK, THRISSUR, PIN680001 4. C.I,.LONAPPAN CHIRAYATH HOUSE, CHELAKKODE POST , THRISSUR ARD NO. 197, CHELAKKODE PO, THRISSUR R4 BY ADV. SRI.G.SREEKUMAR (CHELUR) R1 to R3 BY GOVERNMENT PLEADER SRI.SOJAN JAMES THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2705-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7912 of 2014 (L) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1: COPY OF THE ORDER
NO.F2-4786/10 DATED2310/2010 THE DISTRIC SUPPLY OFFICER EXHIBIT P2: COPY OF THE CHARGE MEMO ISSUED BY DISTRICT SUPPLY OFFICER AS PER CHARGE MEMO NO.F2.4786/10 EXHIBIT P3: COPY OF THE ORDER
NO.(CS)A5-30490/13 DATED152/2014 OF THE COMMISSIONER OF CIVIL SUPPLIES EXHIBIT P4: COPY OF THE RESOLUTION NO.8 DATED284/2011 OF KONDAZHY GRAMAPANCHAYATH EXHIBIT P5: COPY OF THE LETTER DATED2710/2012 TO THE DISTRICT COLLECTOR EXHIBIT P6: COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED13/2014 EXHIBIT P7: COPY OF THE ORDER
NO.CS-1 582/14 DATED222/2014 OF TALUK SUPPLY OFFICER RESPONDENT(S)' EXHIBITS:NIL --------------------------- //TRUE COPY// P.A TO JUDGE A.K.JAYASANKARAN NAMBIAR, J.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C).No.7912 of 2014 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 27th day of May, 2014 JUDGMENT
The petitioner who is the respondent of Kondazhy Grama Panchayat had submitted a complaint against the 4th respondent, who was the authorised retail ration dealer of ARD No.197, before the District Supply Officer. Based on the said complaint, the District Supply Officer conducted an inspection in the premises of the ARD and pursuant thereto, that by order dated 23.10.2010, suspended the licence of the 4th respondent. Thereafter a charge memo was issued to the 4th respondent. The proceedings initiated by the charge memo culminated in an order cancelling the licence of the 4th respondent. Aggrieved by the said order, the 4th respondent filed an appeal before the District Collector who set aside the order of cancellation of the ARD licence of the 4th respondent and remitted the matter back to the District Supply Officer for re-consideration. It would appear that the District Supply Officer again passed an order cancelling the licence of the 4th W.P.(C).No.7912 of 2014 2 respondent. The appeal preferred by the 4th respondent against that order before the District Collector was also dismissed. A further appeal preferred before the 2nd respondent in terms of Clause 45 (11) of the Rationing Order was allowed by the 2nd respondent and the ARD licence was restored to the 4th respondent vide Ext.P3 order. The petitioner has now preferred a statutory a revision under Clause 71 of the Kerala Rationing Order before the 1st respondent. The limited prayer of the petitioner at this stage is for a direction to the 1st respondent to consider and pass orders in the said revision petition within a stipulated time limit.
2. I have heard the learned Government Pleader appearing on behalf of the respondents. In the facts and circumstances of the case, I dispose of the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P6 revision petition, preferred by the petitioner, within a period of one month from the date of receipt of a copy of this judgment. Needless to say the 1st respondent shall comply with the requirements under Clause 71, including the requirement with regard hearing of the W.P.(C).No.7912 of 2014 3 person affected, before passing final orders on Ext.P6 Revision Petition. A.K.JAYASANKARAN NAMBIAR JUDGE mns/