Kerala High Court
C.C.Sunitha vs The District Collector on 28 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
WP(C).No.2233 OF 2021(D)
PETITIONER:
C.C.SUNITHA
LICENSEE F.P.S. NO.1946050 (A.R.D.NO.50), (UNDER
SUSPENSION), PALAKKAD DISTRICT, PIN - 678592.
BY ADVS.
SRI.M.V.BOSE
SRI.VINOD MADHAVAN
SRI.SHARATH S.PUTHENPARAMPAN
SMT.P.M.MAZNA MANSOOR
RESPONDENTS:
1 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
PALAKKAD - 678001.
2 THE DISTRICT SUPPLY OFFICER
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
PALAKKAD - 678001.
3 THE TALUK SUPPLY OFFICER
OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
PALAKKAD - 678001.
4 THE RATIONING INSPECTOR
OFFICE OF THE RATIONING INSPECTOR, PARLI, PALAKKAD
DISTRICT, PIN - 678612.
5 RATHEESH K. K.
LICENSEE F.P.S.NO.1946052 (A.R.D.NO.52), PALAKKAD
DISTRICT, PIN - 678592.
SMT.PRINCY XAVIER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2233 OF 2021(D)
2
JUDGMENT
Dated this the 28th day of January 2021
The petitioner who is a licensee of
A.R.D(Authorized Retail Distributor)No.50 of
Palakkad District, has been placed under suspension
as per Ext.P8 on 10.11.2020. The petitioner
submits that no enquiry is conducted so far and
that the suspension has been ordered without any
basis and on false allegations. At the same time
the petitioner has also raised certain contentions
as to the applicability of the provisions contained
in the Kerala Rationing Order.
2. Heard the learned Government Pleader also.
The learned Government Pleader pointed out that the
petitioner would be governed by the provisions
contained in the Kerala Rationing Order and the
suspension is ordered on being prima facie
satisfied of the allegations.
3. However, it is seen that the order of
WP(C).No.2233 OF 2021(D)
suspension was passed on 10.11.2020. Therefore, it
is only appropriate that the proceedings are
finalised after affording sufficient opportunity of
hearing to the petitioner, in accordance with law
within a period of two months from the date of
receipt of a copy of the judgment. Ordered
accordingly. It is made clear that the contentions
raised by the petitioner with reference to the
National Food Security Act, 2013 has not been
considered on merits in this Writ Petition.
The writ petition is accordingly disposed of.
Sd/-
P.V.ASHA
JUDGE
DM
WP(C).No.2233 OF 2021(D)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE
LICENCE NO.915/2001-02/PKD/ARD/R.
EXHIBIT P2 TRUE COPY OF THE TRUCK CHIT DATED
28.09.2020, ISSUED BY THE KERALA STATE
CIVIL SUPPLIES CORPORATION SHOWING THE
SHOP NUMBER 1946050 OF THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE TENDER NOTICE NO.NFSA5-
17016/20 DATED 15.07.2020, ISSUED BY THE
KERALA STATE CIVIL SUPPLIES CORPORATION.
EXHIBIT P4 TRUE COPY OF THE INSPECTION REPORT DATED
09.11.2020 OF THE TSO IN RESPECT OF THE
SHOP OF THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE INSPECTION REPORT DATED
09.11.2020 OF THE TSO IN RESPECT OF ARD
NO.51.
EXHIBIT P6 TRUE COPY OF THE INSPECTION REPORT DATED
09.11.2020 OF THE TSO IN RESPECT OF ARD
NO.142.
EXHIBIT P7 TRUE COPY OF THE REPORT DATED 09.11.2020
OF THE TSO IN RESPECT OF ARD NO.144.
EXHIBIT P8 TRUE COPY OF THE ORDER NO.B2-2423/2020,
DATED 10.11.2020, OF THE TSO, PALAKKAD
TALUK SUSPENDING THE LICENCE OF
PETITIONER.
EXHIBIT P9 TRUE COPY OF THE MAHAZAR DATED
10.11.2020 PREPARED BY THE RATIONING
INSPECTOR, PARLI.
RESPONDENTS EXIBITS : NIL
//TRUE COPY//
PA TO JUDGE
