K.C.Krishnadas Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1015256
CourtKerala High Court
Decided OnJul-02-2013
JudgeHONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
AppellantK.C.Krishnadas
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice p.r.ramachandra menon tuesday, the 2nd day of july 2013 11th ashadha, 1935 rp.no. 501 of 2013 (v) -------------------------------------------- (against the order/judgment in wp(c)no. 13175/2013 dated 12 06-2013) ------------------------------------------- review petitioner/petitioner: ---------------------------------------------------- k.c.krishnadas, aged 4 years, s/o.late k.v.chamiyappan, proprietor, sree ram rice mill, koduvayoor, palghat. by adv. sri.t.m.raman kartha respondents/respondents: ---------------------------------------------------- 1. state of kerala, represented by the secretary to govt., department of civil supplies, govt of kerala, thiruvananthapuram-1.2. the district collector, palakkad. pin-678 001.3. the tahsildar, chittoor taluk, chittoor, palakkad district.pin-678 101.4. taluk supply officer, chittoor, palakkad district. pin-678 101.5. the additional district magistrate-collector-in-charge, palakkad.pin”101. r1 to r5 by government pleader sri.joseph george this review petition having come up for admission on 02-07-2013, the court on the same day passed the following: sts p.r. ramachandra menon, j.:::::::::::::::::::::::::::::::::::::::::::::::: r.p. no. 501 of 2013 in w.p.(c). no. 13175 of 2013 ...................................................... dated this the 2nd day of july, 2013 order the writ petition was disposed of recording the submission made by the learned government pleader that the writ petitioner was having an effective remedy by way of appeal before the concerned district court in view of the mandate under section 6 (c) of the essential commodities act.2. this review petition has been filed by the review petitioner pointing out that, no such authority has been designated or notified by the government as contemplated under section 6(c) and as such, the matter requires to be reconsidered.3. today, when the matter is taken up for consideration, the learned government pleader produced the relevant notification issued by the government in this regard. the sro no.749/2010 dated 29.07.2010 reads as follows: "s.r.o.no. 749/2010 - in exercise of the powers conferred by section 6c of the essential commodities act, 1955 (central r.p. no. 501 of 2013 -2- act 10 of 1955), the government of kerala hereby appoint the district and sessions judges as the judicial authority within their respective jurisdiction, for the purpose of the said section. this notification shall be deemed to have come into effect from 1st september, 1997. explanatory note (this does not form part of the notification, but is intended to indicate its general purport) as per notification no.1500/b3/68/fd.d dated 9th august, 1968 the government of kerala had appointed the district and sessions judges in the judicial authority within their respective jurisdiction for exercising the powers conferred by section 6c of the essential commodities act, 1955 (central act 10 of 1955). this provisions as to the appellate authority under section 6c was amended by section 5 of essential commodities (special provisions) act, 1981 (central act 18 of 1981) as a temporary measure and wherein the state government was the appellate authority. the temporary amendment so made by the act 18 of 1981 ceased to have effect on the expiry of 15 years from the date of commencement of said act (ie. 1-9-1982) and thereby the original position as it stood before the commencement of the essential commodities (special provisions) act, 1981, revived. therefore, to make the position clear, the government have decided to issue fresh notification under section 6c of the original act appointing district and sessions judges within the respective jurisdiction by giving retrospective effect from the date of expiry of act 18 of 1981. hence the notification." r.p. no. 501 of 2013 -3- 4. in the above circumstance, this court finds that the petitioner has approached this court by filing the review petition without doing any home work. no interference is called for. there is no error apparent on the face of record. the review petition is dismissed accordingly. p.r. ramachandra menon, judge. kp/-
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 2ND DAY OF JULY 2013 11TH ASHADHA, 1935 RP.No. 501 of 2013 (V) -------------------------------------------- (AGAINST THE ORDER/JUDGMENT IN WP(C)NO. 13175/2013 DATED 12 06-2013) ------------------------------------------- REVIEW PETITIONER/PETITIONER: ---------------------------------------------------- K.C.KRISHNADAS, AGED 4 YEARS, S/O.LATE K.V.CHAMIYAPPAN, PROPRIETOR, SREE RAM RICE MILL, KODUVAYOOR, PALGHAT. BY ADV. SRI.T.M.RAMAN KARTHA RESPONDENTS/RESPONDENTS: ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., DEPARTMENT OF CIVIL SUPPLIES, GOVT OF KERALA, THIRUVANANTHAPURAM-1.

2. THE DISTRICT COLLECTOR, PALAKKAD. PIN-678 001.

3. THE TAHSILDAR, CHITTOOR TALUK, CHITTOOR, PALAKKAD DISTRICT.PIN-678 101.

4. TALUK SUPPLY OFFICER, CHITTOOR, PALAKKAD DISTRICT. PIN-678 101.

5. THE ADDITIONAL DISTRICT MAGISTRATE-COLLECTOR-IN-CHARGE, PALAKKAD.PIN”

101. R1 TO R5 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.R. RAMACHANDRA MENON, J.

:::::::::::::::::::::::::::::::::::::::::::::::: R.P. No. 501 of 2013 in W.P.(C). No. 13175 of 2013 ...................................................... Dated this the 2nd day of July, 2013 ORDER The writ petition was disposed of recording the submission made by the learned Government Pleader that the writ petitioner was having an effective remedy by way of appeal before the concerned District Court in view of the mandate under Section 6 (C) of the Essential Commodities Act.

2. This review petition has been filed by the review petitioner pointing out that, no such authority has been designated or notified by the Government as contemplated under Section 6(C) and as such, the matter requires to be reconsidered.

3. Today, when the matter is taken up for consideration, the learned Government Pleader produced the relevant notification issued by the Government in this regard. The SRO No.749/2010 dated 29.07.2010 reads as follows: "S.R.O.No. 749/2010 - In exercise of the powers conferred by section 6C of the Essential Commodities Act, 1955 (Central R.P. No. 501 of 2013 -2- Act 10 of 1955), the Government of Kerala hereby appoint the District and Sessions Judges as the Judicial authority within their respective jurisdiction, for the purpose of the said section. This notification shall be deemed to have come into effect from 1st September, 1997. Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport) As per notification No.1500/B3/68/Fd.D dated 9th August, 1968 the Government of Kerala had appointed the District and Sessions Judges in the Judicial authority within their respective jurisdiction for exercising the powers conferred by section 6C of the Essential Commodities Act, 1955 (Central Act 10 of 1955). This provisions as to the Appellate Authority under section 6C was amended by section 5 of Essential Commodities (Special Provisions) Act, 1981 (Central Act 18 of 1981) as a temporary measure and wherein the State Government was the Appellate Authority. The temporary amendment so made by the Act 18 of 1981 ceased to have effect on the expiry of 15 years from the date of commencement of said Act (ie. 1-9-1982) and thereby the original position as it stood before the commencement of the Essential Commodities (Special Provisions) Act, 1981, revived. Therefore, to make the position clear, the Government have decided to issue fresh notification under section 6C of the original Act appointing District and Sessions Judges within the respective jurisdiction by giving retrospective effect from the date of expiry of Act 18 of 1981. Hence the notification." R.P. No. 501 of 2013 -3- 4. In the above circumstance, this Court finds that the petitioner has approached this Court by filing the review petition without doing any home work. No interference is called for. There is no error apparent on the face of record. The review petition is dismissed accordingly. P.R. RAMACHANDRA MENON, JUDGE. kp/-