K.M.Narayanan vs State Of Kerala
2021 Latest Caselaw 10553 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                       WP(C).No.4523 OF 2021(M)


PETITIONER:

               K.M.NARAYANAN
               AGED 80 YEARS
               S/O. V.M.AMBU GURUKKAL, 'SOPANAM', ALAPADAMBA,
               MATHIL, KANDOTH P.O., PAYYANNUR (VIA), KANNUR-670 307

               BY ADVS.
               SRI.K.C.SANTHOSHKUMAR
               SMT.K.K.CHANDRALEKHA
               SMT.ANUPAMA JOHNY
               SMT.P.MAYA
               SMT.K.S.SUDHA

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT, CIVIL
               SUPPLIES DEPARTMENT, GOVERNMENT OF KERALA,
               THIRUVANANTHAPURAM-695 001

      2        THE DISTRICT COLLECTOR,
               KANNUR-670 001

      3        TH DIRECTOR OF CIVIL SUPPLIES,
               OFFICE OF THE DIRECTOR OF CIVIL SUPPLIES,
               THIRUVANANTHAPURAM

      4        THE DISTRICT SUPPLY OFFICER,
               CIVIL STATION, KANNUR DISTRICT, KANNUR-670 002

      5        THE TALUK SUPPLY OFFICER,
               TALIPARAMBA TALUK, KANNUR-670 001

               R1-5 BY GOVERNMENT PLEADER


               SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4523 OF 2021(M)

                                      2




                                   JUDGMENT

Dated this the 29th day of March 2021

The grievance of the petitioner is towards

the non payment of security deposit, commission

etc., as claimed in Ext.P4 representation. The

petitioner was an Authorised Wholesale Dealer

(AWD) appointed in Taliparamba Taluk of Kannur

District. The contract was over in 2017. The

AWD license was terminated consequent to the

implementation of National Food Security Act.

The petitioner claims the amount due till then

towards transportation charges, commission,

security amount etc.

2. The 4th respondent has filed a statement.

In paragraph No.5 of the statement, it is stated

as follows;

"5. It is submitted that, the closing balance as on 31.10.2016 has been taken into account by the department and handed over to Supplyco. As the cost of goods was remitted by the dealers, the value of closing balance has to be paid to them. But from 01.11.2016 to 31.05.2017 the WP(C).No.4523 OF 2021(M)

cost of goods has been remitted by Government and was handled by AWDs. On 31.05.2017 the then closing balance are physically handed over to Supplyco by AWDs. Some discrepancies have occurred in these transactions. Hence a detailed audit over the accounts of amount as well as stock for these period was needed. Department conducted detailed inter Taluk audit to assess the discrepancy if any and submitted to Government. As the matter is of state wide significance necessary Government Orders are needed to settle the accounts. No action is pending in the office of this respondent over this matter. The amount can be disbursed after necessary order is passed by Government in this regard. In this particular case also an amount of Rs.1,68,704/- is due to dealer, but they have also failed to remit an amount of Rs.70,638/- to Government meanwhile."

3. The respondents have also stated that

the petitioner is not entitled to the rent of the

go-down.

4. In the above circumstances, the

petitioner would be free to surrender the order

of appointment so as to get refund of security

amount. The respondents shall see that the

admitted amount due to the petitioner is paid

after effecting adjustments towards the dues from

the petitioner within a period of three months. WP(C).No.4523 OF 2021(M)

On receipt of payment, in case the petitioner has

any further grievance, it will be open to the

petitioner to raise it before the appropriate

authorities.

The writ petition is accordingly disposed of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.4523 OF 2021(M)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER BEARING NO.CS 7-B1-40/02 DATED 12.08.2003 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE LICENCE DATED 30.03.2013 ISSUED BY FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

EXHIBIT P3 TRUE COPY OF THE RELEVANT INFORMATION DATED 24.12.2020 OBTAINED BY THE PETITIONER INVOKING THE PROVISIONS OF RIGHT TO INFORMATION ACT

EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE DATED 04.01.2021 SUBMITTED BY THE PETITIONER

EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT DATED 11.01.2021 EVIDENCING THE SUBMISSION OF EXT.P4 ISSUED BY THE RESPONDENT NO.3

EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGMENT DATED 12.01.2021, EVIDENCING THE SUBMISSION OF EXT.P4 ISSUED BY THE RESPONDENT NO.4

EXHIBIT P7 TRUE COPY OF THE ACKNOWLEDGMENT DATED 12.01.2021, EVIDENCING THE SUBMISSION OF EXT.P4 ISSUED BY THE RESPONDENT NO.5

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE