Kadheeja T.T vs The Commissioner Of Civil ...
2021 Latest Caselaw 3097 Ker

               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.2141 OF 2021(P)

PETITIONER:

               KADHEEJA T.T.
               AGED 70 YEARS
               W/O.MOHAMMADALI, TAHCHARUPADIKAL THAYATH, CHERUR,
               MALAPPURAM DISTRICT 676 304

               BY ADVS.
               SRI.P.C.MUHAMMED NOUSHIQ
               SMT.JAHANA SHERIN.K

RESPONDENTS:

      1        THE COMMISSIONER OF CIVIL SUPPLIES
               CIVIL SUPPLIES - PUBLIC DISTRIBUTION (B) DEPARTMENT,
               THIRUVANANTHAPURAM 676 505

      2        THE DISTRICT COLLECTOR
               MALAPPURAM, CIVIL STATION, MALAPPURAM 676 505

      3        THE DISTRICT SUPPLY OFFICER
               MALAPPURAM, CIVIL STATION, MALAPPURAM 676 505

      4        THE TALUK SUPPLY OFFICER
               THIRURANGADI, MALAPPURAM DISTRICT.

      5        THE STATE OF KERALA
               REP.BY ITS SECRETARY, CIVIL SUPPLIES-PUBLIC
               DISTRIBUTION (B) DEPARTMENT, THIRUVANANTHAPURAM 676
               505

      6        P.MOHANDAS
               AGED 57 YEARS
               S/O.VELAYUDHAN NAYAR, POLIYEDATH HOUSE, KANNAMANGALMA
               POST, VENGARA, MALAPPURAM DISTRICT 676 304



               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.2141 OF 2021(P)
                                2




                            JUDGMENT

Dated this the 28th day of January 2021

The writ petition was filed apprehending

that orders will be passed in Ext.P8 appeal

dated 19.10.2020 submitted by the petitioner

against the order passed by the District Supply

Officer, in which licence granted to the

petitioner for running a ration shop No. ARD

126 was canceled. When the matter came up for

consideration on 27.01.2021, the learned

Government Pleader submitted that orders were

already passed rejecting the appeal submitted

by the petitioner. Today the petitioner has

produced Ext.P11 appellate order along with

I.A. No. 1 of 2021.

The learned Government Pleader points out

that the petitioner has got a statutory remedy WP(C).No.2141 OF 2021(P)

of revision before the Government. Therefore,

it will be open to the petitioner to approach

the Government with a Revision Petition and the

Government to consider it after affording an

opportunity of being heard to the petitioner.

As the petitioner was allowed to continue as

licensee pending decision in the appeal, as per

Ext.P9 judgment, the petitioner shall continue

as licensee till orders are passed by

Government on the stay petition which is to be

filed by the petitioner along with the Revision

Petition, within a period of two weeks from the

date of receipt of a copy of this judgment.

Sd/-

P.V.ASHA JUDGE AJ/28.01.2021 WP(C).No.2141 OF 2021(P)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RESIDENTIAL CERTIFICATE DATED 9.12.2019 ISSUED BY THE SECRETARY, KANNAMANGALAM GRAMA PANCHAYATH.

EXHIBIT P2 TRUE COPY OF THE CHARGE SHEET DATED 12.3.2020 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF TH ORDER DATED 12.2.2020 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE APPEAL MEMORANDUM DATED 17.2.2020 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 9.7.2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 17.7.2020 SUBMITTED BY PETITIONER BEFORE DISTRICT COLLECTOR, MALAPPURAM.

EXHIBIT P7 TRUE COPY OF ORDER NO.C.S.-6/1399/20 PASSED BY THE DISTRICT COLLECTOR, MALAPPURAM.

EXHIBIT P8 TRUE COPY OF THE APPEAL MEMORANDUM NUMBERED AS 142199 OF 2020 DATED 19.10.2020 FILED BY THE PETITIONER BEFORE THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 23.10.2020 IN WP(C) N.21974 OF 2020

EXHIBIT P10 TRUE COPY OF THE ADDITIONAL AFFIDAVIT DATED 30.12.2020 FILED BY THE PETITIONER HEREIN BEFORE THE 1ST RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE ORDER NO.(C.S.)AB910/2020 DATED 23/01/2021 PASSED BY THE COMMISSIONER OF CIVIL CUPPLIES, THIRUVANATHAPURAM.