Goutami vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 31, 2023

~3 min read

https://sooperkanoon.com/case/1368362

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1368362
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jul 31, 2023
Case Number: WP(C)/24871/2023

Parties & Advocates

Appellant / Petitioner

Goutami

Respondent

State of Kerala

Excerpt

.....the following prayers:- “i) issue a writ of certiorari or any other appropriate writ, order or direction to quash exts. p1 and p2. ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 4 to appoint petitioner as the licensee of retail ration shop no. 220 in ward no. 2 of cheppad grama panchayat. iii) dispense with the translation of vernacular document. iv) grant such other reliefs as this hon’ble court would deem fit and proper. v) allow the costs of the petitioner. ” (sic)2. the main prayer in this writ petition is againstexts.p1 and p2 orders. ext.p1 is an order passed by the district collector in an appeal filed against ext.p2 order. now, admittedly an appeal is maintainable against ext.p1 before the commissioner of civil supplies. if that is the case, this writ petition need not be entertained. the petitioner is free to challenge ext.p1 before the appellate authority in accordance with law. with the above observations, this writ petition is closed. sd/- judge bng appendix of wp(c) 24871/2023 petitioner exhibits exhibit-p1 true copy of the order 20.2.2023 issued by the 2nd respondent exhibit-p2 true copy of the order dated 21.10.2022 issued by the 4th respondent exhibit-p3 true copy of the judgment dated 14.11.2022 in w.p.(c) no. 36291/2022 of this hon'ble court exhibit-p4 true copy of the notification dated 16.5.2022 issued by the 4th respondent exhibit-p5 true copy of the application dated 13.6.2022 submitted by the petitioner exhibit-p6 true copy of the report dated 3.9.2022, obtained by the petitioner from the rationing inspector

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945 WP(C) NO. 24871 OF 2023 PETITIONER: GOUTAMI AGED 29 YEARS D/O. PRASAD, CHERUKAVIL KIZHAKKATHIL, EVOOR NORTH P.O, CHEPPAD, ALAPPUZHA DISTRICT,, PIN - 690507 BY ADVS. B.RENJITHKUMAR T.PRADEEP KUMAR CLARA SHERIN FRANCIS RESPONDENTS: 1 STATE OF KERALA REP. BY ITS SECRETARY, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DISTRICT COLLECTOR ALAPPUZHA CIVIL STATION, ALAPPUZHA DISTRICT,, PIN - 3 CONTROLLER OF RATIONING THE COMMISSIONERATE OF CIVIL SUPPLIES & RATIONING THIRUVANANTHAPURAM, PIN - 695001 4 DISTRICT SUPPLY OFFICER OFFICE OF DISTRICT SUPPLY OFFICER CIVIL STATION, ALAPPUZHA DISTRICT,, PIN - 688001 5 C. MADHU AGED 50 YEARS S/O. CHELAPPAN KARIMPIL VADAKKETHIL, CHEPPAD PANCHAYAT, MUTTOM P.O,, PIN - 690511

OTHER PRESENT: SRI. S.RANJITH, SPL. GP TO AAG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: --------------------- --------------------------- Dated this the 31st day of July, 2023

JUDGMENT

This writ petition is filed with the following prayers:- “i) Issue a writ of Certiorari or any other appropriate writ, order or direction to quash Exts. P1 and P2. ii) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 4 to appoint petitioner as the licensee of retail ration shop No. 220 in Ward No. 2 of Cheppad Grama Panchayat. iii) Dispense with the translation of vernacular document. iv) Grant such other reliefs as this Hon’ble Court would deem fit and proper. v) Allow the costs of the petitioner. ” (SIC)

2. The main prayer in this writ petition is against

Exts.P1 and P2 orders. Ext.P1 is an order passed by the District Collector in an appeal filed against Ext.P2 order. Now, admittedly an appeal is maintainable against Ext.P1 before the Commissioner of Civil Supplies. If that is the case, this writ petition need not be entertained. The petitioner is free to challenge Ext.P1 before the appellate authority in accordance with law. With the above observations, this writ petition is closed. Sd/- JUDGE bng APPENDIX OF WP(C) 24871/2023 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ORDER 20.2.2023 ISSUED BY THE 2ND RESPONDENT Exhibit-P2 TRUE COPY OF THE ORDER DATED 21.10.2022 ISSUED BY THE 4TH RESPONDENT Exhibit-P3 TRUE COPY OF THE JUDGMENT DATED 14.11.2022 IN W.P.(C) NO. 36291/2022 OF THIS HON'BLE COURT Exhibit-P4 TRUE COPY OF THE NOTIFICATION DATED 16.5.2022 ISSUED BY THE 4TH RESPONDENT Exhibit-P5 TRUE COPY OF THE APPLICATION DATED 13.6.2022 SUBMITTED BY THE PETITIONER Exhibit-P6 TRUE COPY OF THE REPORT DATED 3.9.2022, OBTAINED BY THE PETITIONER FROM THE RATIONING INSPECTOR

Same Court & Year Kerala · 2023 Same Parties Goutami vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan