M.Pathumma Kunju Vs. Chirman and Civil Supplies Commr.and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1125757
CourtKerala High Court
Decided OnJan-23-2014
JudgeHONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
AppellantM.Pathumma Kunju
RespondentChirman and Civil Supplies Commr.and Others
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr. justice a.v.ramakrishna pillai thursday, the23d day of january20143rd magha, 1935 wp(c). no.27100 of 2006 (a) ---------------------------- petitioner(s): ------------- m.pathumma kunju, w/o.brahimkutty, thadathil thekkethil, puliyoor north, s.r.p.market p.o., thazhava. by adv. sri.t.m.abdul latheef. respondent(s): ------------- 1. chairman and civil supplies commissioner kerala rational dealers welfare fund, thiruvananthapuram.2. secretary and chief executive officer, kerala ration dealers welfare fund, thiruvananthapuram.3. governing body, kerala ration dealers welfare fund, represented by its secretary and chief executive officer, thiruvananthapuram.4. state of kerala, represented by secretary to government, civil supplies department, thiruvananthapuram. by senior government pleader shri p. fazil. this writ petition (civil) having been finally heard on2301-2014, the court on the same day delivered the following: wp(c). no.27100 of 2006 (a) appendix petitioner's exhibits:- p1:- copy of the proceedings no.a5.3913/01 dated1211.2001 of the taluk supply officer, karunagappally. p2:- copy of the petition dated225.2005 submitted by the petitioner before the district supply officer, kollam. p3:- copy of the proceedings no.c.s.5.8300/-2001 dated39.2002 of the district supply officer. p4:- copy of the letter no.110/2000 dated79.2000 of the first respondent. p5:- copy of the letter no.1278/2002 dated1212.2002 of the2d respondent. p6:- copy of the letter no.163/03 dated2311.2004 of the2d respondent. p7:- copy of the representation submitted by the petitioner before the hon'ble minister, dated nil. respondents' exhibits:- nil krj /true copy/ p.a to judge a.v.ramakrishna pillai, j.= = = = = = = = = = = = = = = = = w.p(c) no.27100 of 2006 = = = = = = = = = = = = = = = = = = dated this the 23rd day of january, 2014 judgment the petitioner has come up before this court alleging that ext.p1 request made by her to cancel the rejection of her claim for pension has not been considered by the government.2. the petitioner was a licensee of ard no.178 of karunagappally taluk. her husband, who was conducting the shop along with her, left for hajj and accordingly, she had decided not to conduct the shop further. the taluk supply officer by ext.p1 suspended the licence.3. on receipt of ext.p1, the petitioner submitted ext.p2 reply stating that due to age problems, absence of a suitable salesman and non willingness of the legal heirs to conduct the shop, she should be relieved from the responsibility of conducting the ration shop. thereafter, the district supply officer passed ext.p3 proceedings accepting the request of the petitioner and thereby directed to forfeit 50% of the security amount.4. the petitioner had joined the welfare fund introduced by the government of kerala to ration dealers and she was regularly subscribing to the fund. on stoppage of the shop, she requested for wp(c).27100/06 -:2:- return of the amount, in respect of which ext.p5 was issued. the petitioner alleges that though the 2nd respondent issued ext.p5 letter dated 12.12.2002 wherein it was stated that she was entitled to obtain pension under the scheme, she was issued with ext.p6 intimation stating that as her ration shop was cancelled due to grave irregularity, she was not entitled for pension.5. on receipt of ext.p6, the petitioner made ext.p7 request before the minister concerned to cancel the rejection. her grievance is that the 4th respondent has not taken any action on the request.6. i have heard the leaned counsel for the petitioner and the learned senior government pleader in the matter.7. the learned senior government pleader has submitted that the order of rejection is appealable before the full board under section 19(6) of the kerala ration dealers welfare fund scheme. since a separate forum for appeal is provided, this court is of the definite view that this writ petition can be disposed of reserving the right of the petitioner to approach the full board with appeal. though 90 days' period was prescribed as limitation, as the petitioner was contesting this writ petition before this court, it is only just and proper to reckon the period spent on this petition for considering the period of limitation. wp(c).27100/06 -:3:- therefore, the writ petition is disposed of reserving the right of the petitioner to file an appeal before the full board in accordance with section 19(6) of the kerala ration dealers welfare fund with in a period of three months. in the event of filing such an appeal, the same shall be reckoned as the one filed in time. appropriate orders shall be passed after affording the petitioner an opportunity of being heard. sd/- a.v.ramakrishna pillai judge krj /true copy/ p.a to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE23D DAY OF JANUARY20143RD MAGHA, 1935 WP(C). No.27100 of 2006 (A) ---------------------------- PETITIONER(S): ------------- M.PATHUMMA KUNJU, W/O.BRAHIMKUTTY, THADATHIL THEKKETHIL, PULIYOOR NORTH, S.R.P.MARKET P.O., THAZHAVA. BY ADV. SRI.T.M.ABDUL LATHEEF. RESPONDENT(S): ------------- 1. CHAIRMAN AND CIVIL SUPPLIES COMMISSIONER KERALA RATIONAL DEALERS WELFARE FUND, THIRUVANANTHAPURAM.

2. SECRETARY AND CHIEF EXECUTIVE OFFICER, KERALA RATION DEALERS WELFARE FUND, THIRUVANANTHAPURAM.

3. GOVERNING BODY, KERALA RATION DEALERS WELFARE FUND, REPRESENTED BY ITS SECRETARY AND CHIEF EXECUTIVE OFFICER, THIRUVANANTHAPURAM.

4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SHRI P. FAZIL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2301-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). No.27100 of 2006 (A) APPENDIX PETITIONER'S EXHIBITS:- P1:- COPY OF THE PROCEEDINGS NO.A5.3913/01 DATED1211.2001 OF THE TALUK SUPPLY OFFICER, KARUNAGAPPALLY. P2:- COPY OF THE PETITION DATED225.2005 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT SUPPLY OFFICER, KOLLAM. P3:- COPY OF THE PROCEEDINGS NO.C.S.5.8300/-2001 DATED39.2002 OF the DISTRICT SUPPLY OFFICER. P4:- COPY OF THE LETTER NO.110/2000 DATED79.2000 OF THE FIRST RESPONDENT. P5:- COPY OF THE LETTER NO.1278/2002 DATED1212.2002 OF THE2D RESPONDENT. P6:- COPY OF THE LETTER NO.163/03 DATED2311.2004 OF THE2D RESPONDENT. P7:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER, DATED NIL. RESPONDENTS' EXHIBITS:- NIL KRJ /True Copy/ P.A to Judge A.V.RAMAKRISHNA PILLAI, J.

= = = = = = = = = = = = = = = = = W.P(C) No.27100 of 2006 = = = = = = = = = = = = = = = = = = Dated this the 23rd day of January, 2014 JUDGMENT

The petitioner has come up before this Court alleging that Ext.P1 request made by her to cancel the rejection of her claim for pension has not been considered by the Government.

2. The petitioner was a licensee of ARD No.178 of Karunagappally Taluk. Her husband, who was conducting the shop along with her, left for Hajj and accordingly, she had decided not to conduct the shop further. The Taluk Supply Officer by Ext.P1 suspended the licence.

3. On receipt of Ext.P1, the petitioner submitted Ext.P2 reply stating that due to age problems, absence of a suitable salesman and non willingness of the legal heirs to conduct the shop, she should be relieved from the responsibility of conducting the ration shop. Thereafter, the District Supply Officer passed Ext.P3 proceedings accepting the request of the petitioner and thereby directed to forfeit 50% of the security amount.

4. The petitioner had joined the welfare fund introduced by the Government of Kerala to ration dealers and she was regularly subscribing to the fund. On stoppage of the shop, she requested for WP(C).27100/06 -:2:- return of the amount, in respect of which Ext.P5 was issued. The petitioner alleges that though the 2nd respondent issued Ext.P5 letter dated 12.12.2002 wherein it was stated that she was entitled to obtain pension under the scheme, she was issued with Ext.P6 intimation stating that as her ration shop was cancelled due to grave irregularity, she was not entitled for pension.

5. On receipt of Ext.P6, the petitioner made Ext.P7 request before the Minister concerned to cancel the rejection. Her grievance is that the 4th respondent has not taken any action on the request.

6. I have heard the leaned counsel for the petitioner and the learned Senior Government Pleader in the matter.

7. The learned Senior Government Pleader has submitted that the order of rejection is appealable before the Full Board under Section 19(6) of the Kerala Ration Dealers Welfare Fund Scheme. Since a separate forum for appeal is provided, this Court is of the definite view that this writ petition can be disposed of reserving the right of the petitioner to approach the Full Board with appeal. Though 90 days' period was prescribed as limitation, as the petitioner was contesting this writ petition before this Court, it is only just and proper to reckon the period spent on this petition for considering the period of limitation. WP(C).27100/06 -:3:- Therefore, the writ petition is disposed of reserving the right of the petitioner to file an appeal before the Full Board in accordance with Section 19(6) of the Kerala Ration Dealers Welfare Fund with in a period of three months. In the event of filing such an appeal, the same shall be reckoned as the one filed in time. Appropriate orders shall be passed after affording the petitioner an opportunity of being heard. Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj /True Copy/ P.A to Judge