Kerala High Court
Selvi.P.R vs State Of Kerala on 27 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
WP(C) NO. 18223 OF 2020
PETITIONER:
SELVI.P.R
AGED 37 YEARS
W/O.RANGARAJAN, PALAKAYOOR, CHAVADIYOOR P.O., PUDUR
VILLAGE, ATTAPADI, (AGALI VIA), PIN-678581.
BY ADVS.
C.R.SYAMKUMAR
SRI.P.A.MOHAMMED SHAH
shri.MUHAMMED JANAISE V.
SRI.K.ARJUN VENUGOPAL
SHRI.MOHAMED MUSTHAFA A.K.
SHRI.ASWIN KUMAR M J
SMT.HELEN P.A.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, CIVIL SUPPLIES
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 COMMISSIONER OF CIVIL SUPPLIES,
COMMISSIONERATE OF CIVIL SUPPLIES, PUBLIC OFFICE
BUILDING, LMS VELLAYAMBALAM ROAD, PALAYAM,
THIRUVANANTHAPURAM-695033.
3 DIRECTOR OF CIVIL SUPPLIES,
PUBLIC OFFICE, OPPOSITE MUSEUM VIKAS BHAVAN,
THIRUVANANTHAPURAM-695033.
4 DISTRICT COLLECTOR,
PALAKKAD DISTRICT COLLECTORATE, CIVIL STATION,
PALAKKAD-678013.
5 DISTRICT SUPPLY OFFICER,
O/O.DISTRICT SUPPLY OFFICE, CIVIL STATION BUILDING,
COLLECTORATE P.O., PALAKKAD-678001.
6 TALUK SUPPLY OFFICER,
O/O.TALUK SUPPLY OFFICE, MINI CIVIL STATION, MANNARKKAD
WP(C) NO.18223/2020
2
P.O., PIN-678582.
7 SMT.GUNASUNDARI,
D/O.MALLAN S.N., CHALAYOOR HOUSE, CHAVADIYOOR
P.O., AGALI, PALAKKAD DISTRICT-678581.
BY ADVS.
SRI.K.MOHANAKANNAN
SRI.P.C.CHACKO(SR.)
SMT.RASHMI K.M, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.18223/2020
3
P.V.KUNHIKRISHNAN, J
-------------------------------
W.P.(C)No.18223 of 2020
--------------------------------
Dated this the 27th day of August 2021
JUDGMENT
The above Writ petition is filed with
following prayers:
"i) To call for the records
leading to Exhibit P10 and quash the same
by issuing a writ of Certiorari;
(ia) To set aside Exhibit P11 order
of the 1st respondent by the issuance
of a writ of certiorari, or other
appropriate writ direction or order
ii) To declare that G.O.
(Ord)No.232/2020/CSD dated 13.08.2020
st
issued by the 1 respondent, indexed in
Exhibit P10 proceedings issued by the 5 th
Respondent are illegal and unsustainable.
iii) Pass such other order,
direction or reliefs as this Hon'ble
Court may deem fit in the interest of
justice, equity and good conscience.
2. The short facts are like this:
The petitioner is an Authorized Retail
Distributor (herein after referred as 'ARD')
WP(C) NO.18223/2020
conducting retail ration shop numbered as ARD 157
at ward No.VIII of Pudur Grama Panchayath of
Mannarkkad Taluk. It is the case of the
petitioner that the 7th respondent who is the
another applicant for ARD in which the petitioner
was appointed, approached the First appellate
authority challenging the licence issued to the
petitioner. The appellate authority dismissed
the appeal as per Ext.P7 order. Thereafter the
7th respondent approached this Court and as per
Ext.P8, this Court directed the 2nd appellate
authority to consider the second appeal. The
Second appellate authority also dismissed the
appeal as per Ext.P9 order. Thereafter the 7th
respondent approached the Government by filing a
revision. As per Ext.P11 order the Government
was pleased to allow the revision and was pleased
to set aside the licence issued to the
petitioner. Consequently, Ext.P10 was passed by
the District Supply Officer, Palakkad. Aggrieved
by Exts.P11 and P10, this writ petition is filed.
WP(C) NO.18223/2020
3. Heard the learned counsel for the
petitioner, the learned counsel for the 7th
respondent and also the learned Government
Pleader.
4. The learned counsel for the petitioner
submitted that Ext.P11 order is passed by the
Government without hearing the petitioner. The
learned counsel submitted that, admittedly the
petitioner was a licensee and even without
hearing the petitioner the Government was pleased
to cancel the licence as per Ext.P11. The
learned counsel also reiterated his contentions
in the writ petition.
5. The learned counsel for the 7th
respondent submitted that there is nothing to
interfere in Exts.P11 and P10 orders. The
learned counsel submitted that a detailed counter
affidavit is filed by the 7th respondent and
submitted that the petitioner is not entitled the
ARD licence and the 7th respondent is the better
candidate for the same. The learned counsel
WP(C) NO.18223/2020
submitted that the Government rightly upheld the
contentions of the 7th respondent.
6. The learned Government Pleader also
submitted that the petitioner is not eligible and
the 7th respondent is eligible and that is why the
Government interfered in the matter and passed
Ext.P11 order.
7. It is an admitted fact that Ext.P11 order
is passed by the Government without hearing the
petitioner who is the affected party. Ext.P11 is
an order cancelling the licence already issued to
the petitioner. In such circumstances, according
to me, the Government should re-consider the
matter after giving an opportunity of hearing to
the petitioner and the 7th respondent. I do not
want to make any observation about the merit of
the case. The Government is free to pass
appropriate orders in accordance to law. Since
Ext.P11 order is passed without hearing the
affected party, it is a clear case of violation
of principles of natural justice. Only for that
WP(C) NO.18223/2020
reasons, I am setting aside Ext.P11 and
consequently Ext.P10 order also.
Therefore, without expressing any opinion on
merit, this writ petition is allowed in the
following manner:
(i) Exts.P10 and P11 are set aside.
(ii) The 1st respondent is directed to re-
consider the revision submitted by the 7th
respondent after giving an opportunity of hearing
to the petitioner and the 7th respondent.
(iii) The 1st respondent will pass
appropriate orders in accordance to law in the
revision as expeditiously as possible, at any
rate, within three months from the date of
receipt of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) NO.18223/2020
APPENDIX OF WP(C) 18223/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE PROCEEDINGS ISSUED
BY THE 5TH RESPONDENT DATED 26.10.2015.
EXHIBIT P2 THE TRUE COPY OF THE PROCEEDINGS ISSUED
BY THE 5TH RESPONDENT DATED 14.03.2017.
EXHIBIT P3 THE TRUE COPY OF THE PROCEEDINGS OF 6TH
RESPONDENT DATED 23.03.2017.
EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WP(C)NO.31568 OF 2017
DATED 11.10.2017.
EXHIBIT P5 THE TRUE COPY OF THE PROCEEDINGS OF THE
4TH RESPONDENT DATED 09.01.2018.
EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN W.P(C)NO.23450 OF 2018
DATED 20.07.2018.
EXHIBIT P7 THE TRUE COPY OF THE PROCEEDINGS ISSUED
BY THE 4TH RESPONDENT DATED 08.10.2018.
EXHIBIT P8 THE TRUE COPY OF THE ORDER PASSED BY
THE HON'BLE COURT IN WP(C)NO.2766 OF
2019 DATED 30.01.2019.
EXHIBIT P9 THE TRUE COPY OF THE PROCEEDINGS ISSUED
BY THE 3RD RESPONDENT DATED 20.03.2019.
EXHIBIT P10 THE TRUE COPY OF THE PROCEEDINGS ISSUED
BY THE 5TH RESPONDENT DATED 26.08.2020.
EXHIBIT P11 PHOTOCOPY OF THE ORDER GO .ORD
232/2020/CSD DATED 13.08.2020
RESPONDENT EXHIBITS
EXHIBIT R7(A) TRUE COPY OF THE CERTIFICATE ISSUED BY
PUDUR GRAMA PANCHAYAT DATED 20.12.2016.
WP(C) NO.18223/2020
EXHIBIT R7(B) TRUE COPY OF THE CERTIFICATE ISSUED BY
THE VILLAGE OFFICER DATED 2.2.2017.
EXHIBIT R7(C) TRUE COPY OF THE RELEVANT PAGE OF THE
RATION CARD OF THE 7TH RESPONDENT.
EXHIBIT R7(D) TRUE COPY OF THE REVISION PETITION
DATED 7.5.2019 FILED BY THIS RESPONDENT
BEFORE THE GOVERNMENT.
EXHIBIT R7(E) TRUE COPY OF THE ORDER
GO(RT)NO.232/2020/CSD DATED 13.8.2020.
//TRUE COPY//
PA TO JUDGE
