Nazeer K vs State Of Kerala
2021 Latest Caselaw 11141 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.3399 OF 2021(Y)


PETITIONER:

               NAZEER K
               AGED 42 YEARS
               S/O ABDULLA, KAMPA HOUSE, KELLOOR P.O.,
               PORUNNANNOOR VILLAGE, WAYANAD DISTRICT,
               PIN-670 645.

               BY ADV. SRI.PEEYUS A.KOTTAM

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY, CIVIL SUPPLY DEPARTMENT,
               SECRETARIAT, THIRUVANANTHAPURAM-695 001.

      2        THE DISTRICT SUPPLY OFFICER,
               WAYANAD,PIN-673 592.

      3        RATIONING INSPECTOR,
               MANANTHAVADY, PIN-673 592.

      4        THE TALUK SUPPLY OFFICER,
               MANANTHAVADY, PIN-673 592.


OTHER PRESENT:

               SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3399 OF 2021(Y)

                                2




                        J U D G M E N T

Petitioner is aggrieved by Ext.P1 order

suspending the licence to run the Ration Shop No.ARD

35 on certain irregularities. Ext.P1 order was

passed on 30.09.2020. According to the petitioner

there is no reason for suspending the licence. It is

stated that Ext.P4 representation was submitted on

25.01.2021.

2. The second respondent has filed a counter

affidavit explaining the irregularities found in the

inspection based on which order of suspension of

issued. Paragraph 20 of the counter affidavit reads

as follows:

As per the provisions in the Kerala Rationing Order, ration articles and food grains shall not be stored in private building other than where it is licensed to be stored. Here the materials were found in the possession of the petitioner who is also a licensee of an ARD. He was duty bond to inform the authorities if irregularity was occurring in respect rationed articles that to within the building owned by him. He intimated the matters regarding the incident to the authorities WP(C).No.3399 OF 2021(Y)

only during enquiry. The circumstances of the case reveal that the malpractices were done with his knowledge and connivance. This justifies the action on the part of the authorities in suspending the license of ARD35. The following items are found in the building during inspection.

(i)FCI marked 64 jute sacks weighing about 50kg boild rice.

(ii)Printed 242 sacks of rice weighing about 20 kg each in the printed bags named as Muhannia (Sona Mussoorie).

(iii)97 nos. of FCI marked empty jute sacks were found from the upper floor of the house.

(iv)On the further checking 450 nos. refillable empty sacks of 20 kg each with the name of Muhannia (Sona Mussoorie) printed on it were found from the house.

In the circumstances of the case it is only

appropriate that respondents finalise the proceedings

against the petitioner within a period of four months

from the date of receipt of a copy of the judgment

consistent with the principles of natural justice and

in accordance with law. The writ petition is

disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.3399 OF 2021(Y)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE SUSPENSION ORDER ISSUED BY THE 2ND RESPONDENT TALUK SUPPLY OFFICER DATED 30.9.2020

EXHIBIT P2 TRUE COPY OF ARD INSPECTION REPORT PREPARED BY THE 2ND RESPONDENT TALUK SUPPLY OFFICER, MANANTHAVADY OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT

EXHIBIT P3 TRUE COPY OF THE MAHAZAR, PREPARED BY THE OFFICIALS WAS PHOTOGRAPHED TAKEN IN THE PETITIONER'S MOBILE

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE AUTHORITIES DATED 25.1.2021