IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
WP(C) NO. 27743 OF 2022
PETITIONER:
PADMAKUMAR.K
SALESMAN, FPS NO.276 (ARD NO.276),
WARD NO.XIX, ITTIVA PANCHAYATH, VAYYANAM.P.O.
KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN-691533.
BY ADVS.
V.S.AFSAL KHAN
V.A.SHAJI
RESPONDENTS:
1 THE COMMISSIONER OF CIVIL SUPPLIES
COMMISSIONER OF CIVIL SUPPLIES OFFICE,
THIRUVANANTHAPURAM, PIN-695001.
2 THE DISTRICT SUPPLY OFFICER,
CIVIL STATION, KOLLAM, PIN-691013.
3 THE TALUK SUPPLY OFFICER,
TALUK SUPPLY OFFICE, KOTTARAKKARA, PIN-691506.
SRI.S.RENJITH, SPECIAL GOVERNMENT PLEADER TO AAG
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27743 OF 2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 27743 of 2022
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Dated this the 26th day of August, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) To call for the records relating to Exhibits P-1 to P-5 and to issue a writ in the nature of mandamus or any appropriate writ, direction or order, directing the 2nd respondent to appoint the petitioner as licensee for FPS No.276 (now attached to ARD
143) at Ward No.XIX, Ittiva Panchayat, Vayyanam P.O., Kottarakkara Taluk, Kollam District wherein the petitioner is working as Salesman.
(ii) To issue a writ in the nature of mandamus or any appropriate writ, direction or order, directing the 2nd respondent to consider and pass order on Ext.P-5 after affording an appointing of being heard.
(iii) To declare that the petitioner is entitled to get priority in granting licence to run FPS No.276 at Ward No.XIX, Ittiva Panchayat, Vayyanam P.O., Kottarakkara Taluk, Kollam District based on his 29 years experience in the same shop.
WP(C) NO. 27743 OF 2022 3
(iv) To dispense with filing of the translation of vernacular documents.
(v) To issue any other appropriate writ, order or direction to meet out justice under the circumstances of the above case."[SIC]
2. When this writ petition came up for consideration, the counsel appearing for the petitioner submitted that, he will be satisfied, if a direction is issued to the 2nd respondent to consider Ext.P5.
3. Heard the learned Special Government Pleader also.
4. After hearing both sides, I think there can be a direction to the 2nd respondent to consider Ext.P5 and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and other affected parties, if any.
Therefore, this writ petition is disposed of in the following manner:
i. The 2nd respondent is directed to consider Ext.P5 and pass appropriate orders in it, as WP(C) NO. 27743 OF 2022 4 expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.
ii. Before passing final orders, an opportunity of hearing should be given to the petitioner and other affected parties, if any.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 27743 OF 2022 5 APPENDIX OF WP(C) 27743/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTER SHOWING THE SALESMAN IN THE ARD 310.
EXHIBIT P2 TRUE COPY OF THE REGISTER SHOWING THE SALESMAN IN THE ARD NO.299/276. EXHIBIT P3 TRUE COPY OF THE REGISTER SHOWING THE SALESMAN IN THE ARD 143/276.
EXHIBIT P4 TRUE COPY OF THE DISABLED CERTIFICATE NO.2210/2000 DATED 28.11.2000 ISSUED BY THE DISTRICT HOSPITAL, KOLLAM. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 1.8.2022. RESPONDENT EXHIBITS: NIL //TRUE COPY// PA TO JUDGE