Vineetha.M.S vs State Of Kerala
2021 Latest Caselaw 13056 Ker

WP(C) NO. 11451 OF 2021



                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                          THE HONOURABLE MR.JUSTICE V.G.ARUN
           FRIDAY, THE 18TH DAY OF JUNE 2021 / 28TH JYAISHTA, 1943
                               WP(C) NO. 11451 OF 2021
PETITIONER:

              VINEETHA.M.S.
              AGED 34 YEARS
              W/O. PRASANTH S., AISWARYA, MAMPARA P.O., RANNY, PERUNAD,
              PATHANAMTHITTA DISTRICT
              BY ADV V.PHILIP MATHEW


RESPONDENTS:

      1       STATE OF KERALA
              REPRESETNED BY ITS SECRETARY, DEPARTMENT OF CIVIL SUPPLIES,
              KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

      2       THE DIRECTOR OF CIVIL SUPPLIES
              CIVIL SUPPLIES OFFICE, THIRUVANANTHAPURAM-695 033.

      3       THE DISTRICT SUPPLY OFFICER
              DISTRICT SUPPLY OFFICE, CIVIL STATION,
              PATHANAMTHITTA-689 645.

      4       THE TALUK SUPPLY OFFICER
              RANNY, PATHANAMTHITTA DISTRICT-689 672.

OTHER PRESENT:

              GP PRINCY XAVIER


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11451 OF 2021
                                           2




                                 JUDGMENT

Dated this the 18th day of June 2021

The petitioner's mother-in-law, was the licensee

of the ration depot bearing No.ARD105 situated at

Perunad Village in Ranni Taluk, Pathanamthitta

District. According to the petitioner, she had been

working as sales women in the ration shop. The

petitioner's mother-in-law expired on 19.01.2020

and the petitioner submitted application under

Clause 45(2) of the Kerala Rationing Order, 1966,

seeking appointment as licensee of the ration shop.

The petitioner is aggrieved by the third respondent's

refusal to consider her application on the premise

that there is no provision enabling consideration of

the application submitted by the daughter-in-law of a

deceased licensee. The petitioner relies on Exts.P6

and P7 judgments of this Court, wherein, under

similar circumstances, direction to consider the

application was issued.

WP(C) NO. 11451 OF 2021

2. I am also of the view that the rights of an

applicant cannot be defeated by refusing to even

accept the application. Hence, the writ petition is

disposed of directing the third respondent to accept

and process the petitioner's application and to take a

decision thereon in accordance with law as

expeditiously as possible and at any rate within two

months of the petitioner resubmitting her

application. Before passing orders on the application,

the third respondent shall afford an opportunity of

hearing to the petitioner.

The writ petition is disposed of accordingly.

Sd/-

V.G.ARUN

JUDGE NB/18.6.21 WP(C) NO. 11451 OF 2021

APPENDIX OF WP(C) 11451/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF DEATH CERTIFICATE DATED 03-02-2020 OF LATE PRAMEELA C

EXHIBIT P2 COPY OF CERTIFICATE DATED 02-05-2020 ISSUED BY THE VILLAGE OFFICER, PERUNAD

EXHIBIT P3 COPY OF THE RELEVANT PAGE OF REGISTER SHOWING THE NAME OF SALES MAN OF ARD NO.105

EXHIBIT P4 COPY OF CONSENT LETTER ISSUED BY MRS. HIMA S

EXHIBIT P5 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P6 COPY OF JUDGMENT DATED 18-01-2021 PASSED IN W.P(C) NO. 1270/2021

EXHIBIT P7 COPY OF JUDGMENT DATED 16-07-2020 PASSED IN W.P(C) NO. 7629/2020.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE