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K.Pameela vs the Controller of Rationing

K.Pameela vs The Controller of Rationing

Type Court Judgment Court Kerala Decided Oct 29, 2021
~8 min read
https://sooperkanoon.com/case/1695137

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/17223/2013

Parties & Advocates

Appellant / Petitioner

K.Pameela

Respondent

The Controller of Rationing

Excerpt

.....of the civil supplies director dated30.5.2012, intimated that the petitioner is not entitled to get the adjustment recommended by the earlier taluk supply officer, since shifting was done without getting the prior permission from the taluk supply officer. hence, the petitioner was directed to remit rs.3,41,117/- and also cost of rs.4,802/- decreed in a suit which was instituted by the petitioner claiming differential cost of rice and wheat filed before the sub court. that cost was also directed to be paid along with theamount of rs.3,41,117/- as per ext.p7. on receipt of ext.p7, the petitioner submitted a representation before the minister of food andcivil supplies as evident by ext.p8 representation. subsequently, ext.p9 revenue recovery proceedings were initiated. in such circumstances, this writ petition is filed with following prayers. “(i) call for the records leading to exhibit p7 and p9 and issue a writ of certiorari or any other appropriate writ, order or direction quashing the same,(ii) pass an order declaring that the petitioner is not bound to make any payment as claimed in exhibits p7 and p9,(iii) pass such other appropriate order or direction which this honourable court may deem fit and proper in the facts and circumstances of the casae, and(iv) award costs.”2. heard the learned senior counsel for the petitioner, adv.sumathi dandapani as instructed by adv.vishnu and the learned government pleader.3. when this writ petition came up for consideration, the learned senior counsel submitted that the amount covered by ext.r2(a) judgment and decree is already paid by the petitioner to therespondents on 27.09.2013. the learned government pleader also conceded that, if that is the case what remains is only the interest and cost portion. it is an admitted fact that the husband of the petitioner was conducting the ard. it is the definite case of the petitioner that the husband of.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943 WP(C) NO. 17223 OF 2013 PETITIONER: K.PAMEELA W/O. LATE A. BALAGOPAL, AGED 62 YEARS, AMBAL NIVAS, PALACE CORNER, KOLLENGODE P.O, PALAKKAD. BY ADVS. SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI SRI.VISHNU RESPONDENTS: 1 THE CONTROLLER OF RATIONING, THIRUVANANTHAPURAM - 695 001 2 THE TALUK SUPPLY OFFICER MANNARKKAD, PALAKKAD DISTRICT 678 582 3 THE DEPUTY TAHSILDAR REVENUE RECOVERY, CHITTUR TALUK, PALAKKAD DISTRICT - 678 101. 4 ADDL.4. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, CIVIL SUPPLIES DEPARTMENT,

THIRUVANANTHAPURAM (IS SUOMOTU IMPLEADED AS PER ORDER

DATED 29.10.2021 IN W.P.(C)NO.17223 OF 2013) SMT.RASHMI.K.M, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.V.KUNHIKRISHNAN, J -------------------------------------- W.P.(C)No.17223 of 2013 -------------------------------------- Dated this the 29th day of October 2021

JUDGMENT

The petitioner is the wife of late Sri.A.Balagopal, who was the authorised wholesale Ration Distributor with respect of AWD II and III in Mannarkkad Taluk. The dealership was granted in favour of her husband as per licence No.16/83-84

and Ext.P1 is the licence.                   The licence was renewed
regularly      till        the     death          of    A.Balagopal            on
8.6.2001.      It is the case of the petitioner that in
the   year    2000,       there    was       hike      in   the    price      of
ration articles, such as rice and wheat.                           It is the
further      case   of     the    petitioner           that   the        retail

distributors and card holders preferred to purchase

the   articles       from        the       open    market     instead          of
approaching         the     ration           dealers.              In        that
contingency,        it     is     the       specific        case        of    the

petitioner that the husband of the petitioner after getting permission from the then Taluk Supply Officer, sold the ration articles earmarked to the

APL(Above       Poverty     Line)           Scheme    to    the     BPL(Below
Poverty Line) Scheme.              According to the petitioner,
the     difference        between           the    price     of     the     rice
articles    between         APL    Scheme          and     BPL    Scheme       per
quintal was about Rs.380/-.                        The price at the APL
level was Rs.380/- higher than the BPL price.                                   It

is submitted in the writ petition that, due to the above shifting, the petitioner's husband was entitled to get an adjustment of Rs.3,41,061.90. The petitioner's husband died on 8.6.2001. On the same date, when the Taluk spply officer visited the Ration shop, in the visit book, the then Taluk Supply Officer had made the endorsement of the above shifting that was done between the BPL and

APL Scheme.          Ext.P2 is the relevant page of the
visit    book    pertaining         to       the     AWD    shop.         It   is
submitted       by    the         petitioner             that,     when        the

petitioner's husband was alive, ie., on 14.11.2000 itself, he had requested the 1st respondent by

submitting a representation for issuing an order

for transferring the above quantities of articles which were held in the godown for shifting it from APL to BPL. Ext.P3 is the representation. It is the further case of the petitioner that, as per letter dated 29.7.2005, the then Supply Officer, Mannarkkad, showing the details of the shifting of articles and recommended to give deduction amount of Rs.3,41,117/- in favour of the petitioner. After adjusting this amount, according to the petitioner, the actual amount due to be collected

from    the       petitioner        was       also        requested      to     be
intimated         to   the    Taluk          Supply       Officer      in     that
letter.       Ext.P4 is the letter.                  It is also the case
of     the    petitioner           that,       as     per      letter        dated

16.3.2006 (Ext.P5), the Taluk Supply Officer had addressed the District Supply Officer recommending the adjustment of Rs.3,41,117/- from the total amount which has to be remitted by him towards the stock rice. Ext.P6 is the letter. It is the further case of the petitioner that the successor of the earlier Taluk Supply Officer without following the earlier proceedings, after referring a letter of the Civil Supplies Director dated

30.5.2012, intimated that the petitioner is not entitled to get the adjustment recommended by the earlier Taluk Supply Officer, since shifting was done without getting the prior permission from the Taluk Supply Officer. Hence, the petitioner was directed to remit Rs.3,41,117/- and also cost of Rs.4,802/- decreed in a suit which was instituted by the petitioner claiming differential cost of rice and wheat filed before the Sub court. That cost was also directed to be paid along with the

amount of Rs.3,41,117/- as per Ext.P7.                    On receipt
of     Ext.P7,        the      petitioner           submitted         a
representation       before    the       Minister    of     Food    and

Civil Supplies as evident by Ext.P8 representation. Subsequently, Ext.P9 revenue recovery proceedings were initiated. In such circumstances, this writ petition is filed with following prayers. “(i) call for the records leading to Exhibit P7 and P9 and issue a writ of certiorari or any other appropriate writ, order or direction quashing the same,

(ii) pass an order declaring that the petitioner is not bound to make any payment as claimed in Exhibits P7 and P9,

(iii) pass such other appropriate order or direction which this Honourable Court may deem fit and proper in the facts and circumstances of the casae, and

(iv) award costs.”

2. Heard the learned senior counsel for the petitioner, Adv.Sumathi Dandapani as instructed by Adv.Vishnu and the learned Government Pleader.

3. When this writ petition came up for consideration, the learned senior counsel submitted that the amount covered by Ext.R2(a) judgment and decree is already paid by the petitioner to the

respondents on 27.09.2013. The learned Government Pleader also conceded that, if that is the case what remains is only the interest and cost portion. It is an admitted fact that the husband of the petitioner was conducting the ARD. It is the definite case of the petitioner that the husband of the petitioner approached the authorities for getting permission to sell the rice and wheat from APL to BPL. I perused Exts.P4, P5 and P6, in which it is clear that the Taluk Supply Officer and other officials recommended to accept the request of the husband of the petitioner to adjust the amount from the amount payable by the petitioner's husband. In such circumstances, according to me, the direction to pay interest to the amount which already paid will be an injustice to the wife of the deceased A.Balagopal. Admittedly there is no misappropriation or fraud alleged. The ration article supplied for the distribution to APL was

sold     to   BPL      card       holders       and        requested       for
approval.     The same was recommended as per Exts.P4,
P5 and P6.      But subsequently when approval was not
given,    the    amount           was       paid.         Hence     mulcting

interest in such case, that also to the widow of the former ARD will be an injustice. According to me, this is a matter to be looked into by the additional 4th respondent. In the facts and circumstances of the case, the revenue recovery proceedings initiated against the petitioner can be quashed and the question of payment of interest by the petitioner can be decided by the Government afresh. As I observed earlier, the Government should take this matter as a special case and will do the needful in accordance to law to see that the payment of interest is avoided in this particular case. Therefore, this writ petition is allowed in the following manner. i) Exts.P7 and P9 are quashed. ii) The additional 4th respondent is directed to consider the waiver of payment of interest by the petitioner in the light of the fact that the admitted amount is already paid in the year 2013 and the petitioner is the wife of the deceased ARD. Sd/- P.V.KUNHIKRISHNAN JUDGE DM APPENDIX OF WP(C) 17223/2013 PETITIONER EXHIBITS: EXT.P1 PHOTOCOPY OF LICENCE NUMBER 16/83- 84,MANNARKKAD UNDER KERALA FOODG RAINS DEALERS' LICENSING ORDER, 1967, ISSUED BY THE 2ND RESPONDENT TO THE PETITIOEN'S HUSBAND , A. BALAGOPAL

EXT.P2                PHOTOCOPY OF RELEVANT PAGE OF THE VISIT
                      BOOK   PERTAINING   TO   THE   AUTHORISED
                      WHOLSALE   DEPOT   SHOP   DONE   8/6/2001

REFEREED TO IN THE WIRT PETITION EXT.P3 PHOTOCOPY OF THE REPRENETATION DTD HUSBAND BEFORE THE IST RESPONDENT EXT.P4 PHOTOCOPY OF THE LETTER NO. D 259/04 DTD DIST SUPPLY OFFICER, PALAKKAD EXT.P5 PHOTOCOPY OF THE LETTER NO. D 264/05 DTD DIST SUPPLY OFFICER, PALAKKAD EXT.P6 PHOTOCOPY OF LETTER DTD 10/8/2009 OF THE 2ND RESPONDENT TO SHRI SUKUMARAN, PALAKKAD EXT.P7 PHOTOCOPY OF THE NONTICE NO.D 259/2005 DTD 11/9/2012 OF THE 2ND RESPONDENT TO THE PETITIONER EXT.P8 PHOTOCOPY OF REPRESENTATION DTD RESPONDENT EXT.P9 PHOTOCOPY OF THE DEMAND NOTICE VIDE NO 3RD RESPONDENT TO THE PETITIONER RESPONDENTS EXHIBITS: ANNEXURE R2(A) TRUE COPY OF THE JUDGMENT DATED 31.03.2005 ANNEXURE R2(B) TRUE COPY OF THE REQUEST DATED 18.06.2007 ANNEXURE R2(C) TRUE COPY OF THE NOTICE DATED 19.05.2010 ANNEXURE R2(D) TRUE COPY OF THE REPLY DATED 25.05.2010 //TRUE COPY// PA TO JUDGE

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