Asmila vs District Supply Officer-Wayanad
2021 Latest Caselaw 20522 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
  FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                  WP(C) NO. 10763 OF 2021
PETITIONER:

          ASMILA
          AGED 28 YEARS
          D/O. ABDULLA, RESIDING AT ODAN HOUSE,
          ANCHUKUNNU P. O., WAYANAD - 670 645.
          BY ADVS.
          K.R.AVINASH (KUNNATH)
          SRI.ABDUL RAOOF PALLIPATH
          SHRI. RAJ CAROLIN V.


RESPONDENTS:

    1     DISTRICT SUPPLY OFFICER-WAYANAD
          DISTRICT SUPPLY OFFICE, CIVIL STATION,
          KALPETTA P. O., WAYANAD - 671 132.
    2     TALUK SUPPLY OFFICER - MANANTHAWADY TALUK
          TALUK SUPPLY OFFICE, MANANTHAVADY P. O.,
          WAYANAD DISTRICT - 670 642.
    3     RATIONING INSPECTOR - PANAMARAM
          OFFICE OF THE RATIONING INSPECTOR,
          PANAMARAM P. O., WAYANAD DISTRICT - 670 721.
    4     STATE FOOD COMMISSION
          REPRESENTED BY ITS SECRETARY, LEGAL METROLOGY
          BHAVAN, VRINDHAVAN GARDENS, PATTAM PALACE P. O.,
          THIRUVANANTHAPURAM - 695 004.
 W.P.(C) No.10763 of 2021       2



    5      STATE OF KERALA
           REPRESENTED BY ITS SECRETARY,
           DEPARTMENT OF FOOD & CIVIL SUPPLY,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM - 695 001.
           BY ADV:
           SMT.PRINCY XAVIER, GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP     FOR
ADMISSION ON 01.10.2021, THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.10763 of 2021             3



                   W.P.(C) No.10763 of 2021
             -----------------------------------------------

                           JUDGMENT

Petitioner is an authorised ration distributor. The

licence of the petitioner has been suspended in terms of Ext.P2

order on 30.09.2020. Ext.P2 order is under challenge in the

writ petition. The case of the petitioner in the writ petition is

that there are absolutely no allegations against the petitioner

or against the distributorship of the petitioner to justify the

suspension. It is pointed out that certain articles suspected to

be ration articles were recovered from the house of one

Nazeer K. and there is a reference in the Mahazar prepared in

connection with the said recovery about the salesman in the

distributorship of the petitioner. It is stated that it is on that

premise that the distributorship was suspended. According to

the petitioner, the ration distributorship cannot be suspended

on such a vague allegation.

2. Heard the learned counsel for the petitioner as

also the learned Government Pleader.

3. The learned Government Pleader points out

that but for the pendency of this writ petition, the respondents

would have completed the proceedings initiated against the

dealership of the petitioner.

4. In the light of the submission made by the

learned Government Pleader, and having regard to the fact that

the impugned order is one passed as early as on 30.09.2020, I

deem it appropriate to dispose of the writ petition directing the

respondents concerned to complete the proceedings initiated

against the distributorship of the petitioner with notice to the

petitioner, within six weeks. Ordered accordingly.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV

APPENDIX OF WP(C) 10763/2021

PETITIONER'S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ORDER OF APPOINTMENT NO.CF.5.3944/2008 DATED 30.05.2012 ISSUED BY THE DISTRICT SUPPLY OFFICER, WAYANAD.

EXHIBIT P2 THE TRUE COPY OF THE ORDER NO.CS2-

1245/20 DATED 30.09.2020 BY THE TALUK SUPPLY OFFICER, MANANTHAVADY.

EXHIBIT P3 THE TRUE COPY OF THE RELEVANT PAGES OF THE INSPECTION BOOK OF ARD-35 DATED 29.09.2020.

EXHIBIT P4 THE TRUE COPY OF IMPLEMENTATION REPORT OF EXHIBIT P2 ORDER ENTERED IN THE INSPECTION BOOK OF ARD-40 ON 01.10.2020.

EXHIBIT P5 THE TRUE COPY OF THE REQUEST DATED 07.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT SUPPLY OFFICER, WAYANAD.

EXHIBIT P6 THE TRUE COPY OF THE SUMMONS DATED 08.03.2021 IN CASE NO.SFC/WND/DPI/3/2020 OF THE STATE FOOD COMMISSION.