Kerala High Court
Nirmala Gopalakrishnan vs State Of Kerala on 1 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:47742
WP(C) NO. 24077 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
WP(C) NO. 24077 OF 2025
PETITIONER:
NIRMALA GOPALAKRISHNAN
AGED 69 YEARS
W/O N. GOPALAKRISHNAN, RANI VIHAR HOUSE,
NADUVILEMURI, BHARANIKAVU VILLAGE, MAVELLIKARA
TALUK, ALAPPUZHA, PIN - 690503
BY ADV SRI.M.R.SARIN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF FOOD, CIVIL SUPPLIES & CONSUMER
AFFAIRS KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 CIVIL SUPPLIES PUBLIC OFFICE BUILDING, PALAYAM,
THIRUVANANTHAPURAM THE COMMISSIONERATE OF CIVIL
SUPPLIES
CIVIL SUPPLIES PUBLIC OFFICE BUILDING, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
3 THE DEPUTY CONTROLLER OF RATIONING (SOUTH
ZONE),
KOLLAM, OFFICE OF THE DEPUTY CONTROLLER OF
RATIONING (SOUTH ZONE), CIVIL SUPPLIES COMPLEX,
CANTONMENT.P.O, KOLLAM, PIN - 691001
4 THE DISTRICT SUPPLY OFFICER,
DISTRICT SUPPLY OFFICE, CIVIL STATION,
ALAPPUZHA, PIN - 688013
2025:KER:47742
WP(C) NO. 24077 OF 2025
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5 THE TALUK SUPPLY OFFICER,
MAVELLIKARA, TALUK SUPPLY OFFICE, MINI CIVIL
STATION, SECOND FLOOR, THEKKEVILAYIL,
MAVELIKARA, ALAPPUZHA DISTRICT, PIN - 690101
6 THE RATION INSPECTOR
BHARANIKKAVU, MAVELLIKKARA TALUK, ALAPPUZHA,
PIN - 690503
BY ADV.SMT.K.AMMINIKUTTY, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:47742
WP(C) NO. 24077 OF 2025
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N. NAGARESH, J.
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W.P.(C) No.24077 of 2025
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Dated this the 1st day of July, 2025
JUDGMENT
Admit.
2. Government Pleader takes notice for the respondents.
3. The petitioner states that she is aggrieved by the non- consideration of representation filed by the petitioner before the 3rd respondent. The petitioner was running an ARD Depot No.193/Ration shop which is located in South of Nirmalaya Auditorium, Olakettiyambalam, Mavelikara Taluk, Alappuzha District. The petitioner has been running the ration shop since 2002 after the death of her husband. The petitioner worked as a sales women in the same depot for 20 years.
2025:KER:47742 WP(C) NO. 24077 OF 2025 4
4. The petitioner was attached to the same depot for more than 40 years. The petitioner's only income is from the ration shop. On 23.04.2025,the 3rd respondent's team visited the petitioner's ration depot and conducted an inspection. A notice was issued to the petitioner on 25.04.2025 stating that the license of the petitioner has been temporarily cancelled as irregularities were detected in the physical stock. Excess stock of kuthari and puzhakalari was found in the depot which was illegally confiscated from the beneficiaries and stored in the shop to be distributed to the needy persons, out of state employees and to be sold in the black market.
5. On 26.04.2025, the petitioner received a notice from the 5th respondent. As per Ext.P1 notice of the 3rd respondent, the license of the petitioner's ration depot is temporally cancelled. Thereafter on 23.06.2025, the petitioner filed representation before the 3rd respondent requesting to withdraw the suspension of the ARD depot No.193/ration 2025:KER:47742 WP(C) NO. 24077 OF 2025 5 shop of the petitioner, as the petitioner's ration shop is being closed for more than 2 months. No one has tried to present and hear the petitioner till date.
6. The petitioner is attached to the same depot for more than 40 years. No allegations have been made by any of the local card holders against the petitioner or her late husband. Even after 2 months from 23.04.2025, the petitioner was not heard by any of the respondents. The ration shop is the only livelihood to the petitioner. The closure has caused irreparable suffering and loss to the petitioner as well as 450 card holders.
7. Senior Government Pleader entered appearance and resisted the writ petition. Senior Government Pleader pointed out that complaints have been received against the petitioner in the matter of conduct of the ration shop. The allegations in the complaints were serious in nature. It was pursuant to the said complaints that an enquiry was ordered. The Taluk Supply Officer deemed it fit to make 2025:KER:47742 WP(C) NO. 24077 OF 2025 6 temporary cancellation of the licence of the petitioner. Senior Government Pleader, however, submitted that if Ext.P3 representation has been filed by the petitioner and if it is received and pending, the same can be considered by the Regional Rationing Deputy Controller, in accordance with law.
8. The writ petition, is therefore, disposed of directing the 3rd respondent to consider Ext.P3 and take appropriate decision thereon, within a period of four months.
Sd/-
N. NAGARESH JUDGE Mn 2025:KER:47742 WP(C) NO. 24077 OF 2025 7 APPENDIX OF WP(C) 24077/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LICENSE CANCELLATION NOTICES NO DYCRSZ/99/2025-C ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT DATED 25.04.2025 ExhibitP2 THE TRUE COPY OF THE NOTICE NO TSOMVK/287/2025-CS2 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 26.04.2025 Exhibit P3 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 23.06.2025