Kerala High Court
S.Vasantha vs State Of Kerala & Others on 6 October, 2021
WP(C) Nos.420, 3712 & 9371 OF 2010 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 420 OF 2010
PETITIONER/S:
VIMALA S.
VINEESH BHAVAN, PLAVILA, ANCHUMARAMKALA,, VELLARADA P.O.,
THIRUVANANTHAPURAM-695 505.
BY ADV SRI.S.JAMES VINCENT
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED
BY THE SECRETARY TO GOVERNMENT, FOOD & CIVIL, SUPPLIES
DEPARTMENT, GOVERNMENT SECRETARIAT,, THIRUVANANTHAPURAM-695 001.
2 THE CIVIL SUPPLIES COMMISSIONER
SECRETARY TO GOVERNMENT, DO. DO.
3 THE DISTRICT COLLECTOR
THIRUVANANTHAPURAM.
4 THE DISTRICT SUPPLY OFFICER
THIRUVANANTHAPURAM.
ADDL.R5 L.LATHA, VIJITHA BHAVAN, KARATHU VIA, VELLARADA P.O.,
NEYYATTINKARA
ADDL.R6 R.PADMAJA KUMARI, SREE PADMAM, KILLIYOOR, VELLARADA P.O.,
NEYYATTINKARA
ADDL.R7 VASANTHA, PUSHPAVILASOM BUNGALOW, VELLARADA P.O., NEYYATTINKARA
ADDL. RESPONDENTS 5 TO 7 ARE IMPLEADED AS PER ORDER DATED
28.6.2010 IN IA 8322/10
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2021, ALONG
WITH WP(C).3712/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.420, 3712 & 9371 OF 2010 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 3712 OF 2010
PETITIONER/S:
S.VASANTHA @ SULOJA MANI, PUSHPA
VILASOM BUNGLOW, CHARUKUZHI, VELLARADA PO,
NEYYATTINKARA, THIRUVANANTHAPURAM.
BY ADV SRI.SUMAN CHAKRAVARTHY
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY,
MINISTRY OF FOOD AND CIVIL SUPPLIES,, GOVT
SECRETARIAT,THIRUVANANTHAPURAM.
2 THE COMMISSIONER OF CIVIL SUPPLIES
OFFICE OFO THE COMMISSIONER OF CIVIL SUPPLIES,
THIRUVANANTHAPURAM.
3 THE DISTRICT COLLECTOR
THIRUVANANTHAPURAM.
4 THE DIRECTOR OF CIVIL SUPPLIES
OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES,
THIRUVANANTHAPURAM.
5 THE DISTRICT SUPPLY OFFICER
THIRUVANANTHAPURAM.
6 TALUK SUPPLY OFFICER
THIRUVANANTHAPURAM.
7 L.LATHA VIJITHA BHAVAN, PLAVILA
ANJUMARAMKALA, VELLARADA PO, THIRUVANANTHAPURAM.
8 S.VIMALA VINEESH BHAVAN, PLAVILA
ANJUMARAMKALA, VELLARADA PO,THIRUVANANTHAPURAM.
WP(C) Nos.420, 3712 & 9371 OF 2010 3
9 PADMAJA KUMARI SREE PADMAM
KILIYOOR, VELLARADA PO, THIRUVANANTHAPURAM.
BY ADVS.
SRI.S.JAMES VINCENT
SRI.D.KISHORE
SMT.RASHMI K.M, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, ALONG WITH WP(C).420/2010, 9371/2010, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.420, 3712 & 9371 OF 2010 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
WP(C) NO. 9371 OF 2010
PETITIONER/S:
R.PADMAJA KUMARI
SREE PADMAM, KILLIYOOR, VELLARADA.P.O,,
THIRUVANANTHAPURAM.
BY ADV SRI.D.KISHORE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,, FOOD & CIVIL SUPPLIES
(B) DEPARTMENT,, THIRUVANANTHAPURAM.
2 THE COMMISSIONER OF CIVIL SUPPLIES
THIRUVANANTHAPURAM.
3 THE DISTRICT COLLECTOR
THIRUVANANTHAPURAM.
4 THE DISTRICT SUPPLY OFFICER
THIRUVANANTHAPURAM.
5 THE TALUK SUPPLY OFFICER
NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.
6 S.VASANTHA SULOJA MANI
PUSHPAVILASAM BUNGLAW, VELLARADA,, VELLARADA.P.O,
THIRUVANANTHAPURAM-695505.
7 S.VIMALA
VINEESH BHAVAN, PLAVILA, ANJUMARAMKALA,,
WP(C) Nos.420, 3712 & 9371 OF 2010 5
VELLARADA.P.O, THIRUVANANTHAPURAM.
8 L.LATHA
VIJITH BHAVAN, KARATHUVILA,, VELLARADA.P.O,
THIRUVANANTHAPURAM-695505.
9 THE SECRETARY
VELLARADA PANCHAYAT VANITHA CO-OPERATIVE SOCIETY,,
LTD.,-987, VELLARADA.P.O,, THIRUVANANTHAPURAM-695505
10 LATHA.C.S
SUMATHY BHAVAN, KOTTAKKAL.P.O,, THIRUVANANTHAPURAM.
BY ADVS.
SR.GOVERNMENT PLEADER, SMT.RASHMI K.M
SRI.S.JAMES VINCENT
SMT.K.R.RIJA
SRI.G.SUDHEER
SRI.SUMAN CHAKRAVARTHY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, ALONG WITH WP(C).3712/2010 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.420, 3712 & 9371 OF 2010 6
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) Nos.420, 3712 & 9371 of 2010
--------------------------------------------------------
Dated this the 6th day of October, 2021
JUDGMENT
These three writ petitions are connected and therefore, I
am disposing of these writ petitions by a common judgment.
2. The petitioners in these writ petitions are applicants
for getting the rationing outlet, Authorised Retail Dealer No.
599 at Vellarada. After considering the relevant applications of
the petitioners, the petitioner in W.P.(C.) No. 3712/2010 was
appointed. Challenging the same, the appeals were filed by the
petitioners in the other two writ petitions before the appellate
authority, who is the District Collector, Thiruvananthapuram.
The District Collector was pleased to set aside that order and
ordered re-notification. The two of the petitioners in these cases
challenged the same before the Commissioner of Civil Supplies
by filing a revision. The Commissioner of Civil Supplies
confirmed the order passed by the District Collector.
WP(C) Nos.420, 3712 & 9371 OF 2010 7
Thereafter, the petitioners approached the Government. The
Government also confirmed the order passed by the District
Collector. Aggrieved by these orders, these three writ petitions
were filed by three applicants.
3. Heard Adv.Suman Chakravarthy for the petitioner in
W.P.(C) No. 3712/2010, Adv.S.James Vincent for the petitioner
in W.P.(C.) No. 420/2010 and Adv.D.Kishore for the petitioner in
W.P.(C.) No. 9371/2010. I also heard the learned Government
Pleader for the respondents.
4. The learned counsel for the petitioners submitted that
the appellate authority interfered with the order passed by the
original authority relying certain documents. The counsels, who
appeared for the petitioners in W.P.(C.) No. 420/2010 and
W.P.(C.) No. 9371/2010 submitted that the petitioner in W.P.
(C.) No.3712/2010 is not entitled for license and the petitioners
in their case are more eligible. On the other hand, the petitioner
in W.P.(C.) No. 3712/2010 submitted that the order passed by
the original authority is correct and there is nothing to interfere
by the appellate authority. The counsel for the petitioners in all
these cases submitted that the appellate authority relied certain
documents, while passing the orders, especially, the report of
the Village Officer and Panchayat Secretary. The counsel
submitted that those documents relied by the appellate
authority were not supplied to the petitioners. The counsel
submitted that now, about 10 years elapsed after the impugned
orders passed in these cases. The counsel submitted that, if
they are given an opportunity of hearing, after giving copies of
the relevant documents, they will be able to substantiate their
case before the appellate authority. The Government Pleader
submitted that there is a ban now for giving licence to ARD. I
think, these matters also can be considered by the appellate
authority, after hearing the parties. I do not want to make any
observation about the merit of the case. When there is a
grievance to the petitioners that, the appellate authority relied
certain documents while passing the orders and the same is not
supplied to the petitioners, I think this matter can be send back
to the appellate authority for fresh consideration, of course,
without making any observation about the merit. The
petitioners are free to raise their contentions and they are free
to produce additional documents also, if necessary. The
petitioners are free to file additional representations also. After
giving an opportunity of hearing to all the petitioners, the
appellate authority will pass a fresh order, in accordance to law,
within a time frame to be fixed by this Court. Since the original
notification was issued about 10 years back, the parties can
suggest alternative shop rooms also, if necessary. Exts.P4 to P6
in W.P.(C.) Nos. 3712/2010 and 9371/2010 are the orders,
which are to be set aside and the same are the impugned orders
in the other cases also. In W.P.(C.) No. 420/2010, the above
orders are produced as Exts. P4, P7 and P10.
Therefore, these writ petitions are disposed in the
following manner :
1) Exts.P4, P5 and P6 in W.P.(C) Nos. 3712/2010 &
9371/2010 (Ext.P4, P7 and P10 in W.P.(C.) No.
420/2010) are set aside.
2) The District Collector, Thiruvananthapuram is
directed to reconsider the matter, after giving an
opportunity of hearing to the petitioners in these
cases and also after supplying all the relevant
documents which are relied by the appellate authority
while passing the earlier order.
3) The petitioners are free to file additional
representation also and also free to suggest
alternative shop rooms, if necessary.
4) The above exercise will be completed by the District
Collector, Thiruvananthapuram as expeditiously as
possible, at any rate, within 3 months from the date of
receipt of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
WP(C) Nos.420, 3712 & 9371 OF 2010 11
APPENDIX OF WP(C) 420/2010
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF PETITIONER'S HIGHER SECONDARY
COURSE CERTIFICATE NO.AA 010577 DATED 20-05
1992.
EXHIBIT P2 TRUE COPY OF ORDER NO.CS-1/1727/05 DATED
27.1.2007 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF APPEAL FILED BY THE PETITIONER
ON 28-02-2007 BEFORE THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF COMMON ORDER NO.CS-1-1581
DATED 22-05-2008 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P5 TRUE COPY OF REVISION PETITION FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT, ON
22/10/2008.
EXHIBIT P6 TRUE COPIES OF LICENCE NO A2-85/08-09 DATED
15-10-2008 PROPERTY TAX RECEIPT DATED
06/10/2008 AND CERTIFICATE NO.B3/1966/08
DATED 1-1-2008 ISSUED BY THE VELLARADA
GRAMA PANCHAYATH, AND THE PHOTOGRAPH OF THE
BUILDING NOVPIII/79.
EXHIBIT P7 TRUE COPY OF THE APPEAL FILED BY THE
PETITIONER BEFORE THE HON'BLE MINISTER ON
25-11-2009
EXHIBIT P8 TRUE COPY OF THE APPEAL FILED BY THE
PETITIONER BEFORE THE HON'BLE MINISTER FOR
CIVIL SUPPLIES ON 02-12-2008
EXHIBIT P9 TRUE COPY OF THE PETITION SUBMITTED BY THE
PETITIONER TO THE HON'BLE CHIEF MINISTER ON
25-11-2009
EXHIBIT P10 TRUE COPY OF G.O(RT) NO 391/09/F & CSD
DATED 7-12-2009 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P11 TRUE COPY OF APPLICATION FILED BY THE
PETITIONER'S HUSBAND TO THE VELLARADA GRAMA
PANCHAYAT FOR COPY OF THE ASSESSMENT
REGISTER OF BUILDING, VP111/79 FOR THE
PERIOD FORM 1993-94 TO 2007-08
EXHIBIT P12 TRUE COPY OF LETTER NO BS 56/10 DATED 02-
02-2010 ISSUED BY THE PANCHAYATH TO THE
PETITIONER'S HUSBAND.
EXHIBIT P12 TRUE EXTRACT OF ASSESSMENT REGISTER OF
BUILDING, VP111/79 FOR THE PERIOD UP TO
2007-08, ISSUED BY THE PANCHAYAT.
EXHIBIT P13 TRUE COPY OF CERTIFICATE NO 1475/99/MCH
DATED 24-03-1999 ISSUED TO THE PETITIONER'S
HUSBAND BY THE MEDICAL BOARD, MEDICAL
COLLEGE HOSPITAL, THIRUVANANTHAPURAM
EXHIBIT P13(A) TRUE COPY OF ELECTORAL IDENTITY CARD NO.KL-
TVM-LD-1597 DATED 10-10-2003 OF THE
PETITIONER'S HUSBAND.
EXHIBIT P13(B) TRUE COPY OF 1ST & 2ND PAGE OF THE RATION
CARD NO 1106136070 OF THE PETITIONER'S
FAMILY(EXTRACT IN ONE PAGE)
APPENDIX OF WP(C) 3712/2010
PETITIONER'S EXHIBITS :
EXT.P1 A TRUE COPY OF THE ORDER IN COMPLAINT NO.1446/2005
DATED 29.9.2005
EXT.P2 A TRUE COPY OF THE NOTIFICATION DATED 12.7.2006
EXT.P3 A TRUE COPY OF THE ORDER DATED 27.1.2007 ISSUING
LICENSE
EXT.P4 A TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED
22.5.2008
EXT.P5 A TRUE COPY OF THE ORDER DATED 11.11.2008 OF THE 2ND
RESPONDENT
EXT.P6 A TRUE COPY OF THE ORDER DATED 7.12.2009
RESPONDENT'S EXHIBITS :
EXT.R8(A) TRUE COPY OF SOLVENCY CERTIFICATE REGISTERED AS
182/2007 DATED 31.1.2007 AT THE VELLARADA SUB REGISTRY.
EXT.R8(B) TRUE COPY OF THE EXTRACT OF ENQUIRY REPORT OF THE
RATIONING INSPECTOR, NEYYATTINKARA SUBMITTED TO THE DISTRICT
SUPPLY OFFICER.
EXT.R8(C) TRUE EXTRACT OF FOLIO NO.9 OF THE REGISTRAR OF
SALESMEN IN ARD-529
EXT.R9(A) TRUE COPY OF THE NOTIFICATION DATED 12.7.2006 ISSUED
BY 4TH RESPONDENT
EXT.R9(B) TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER WITH REQUISITE DOCUMENTS
EXT.R9(C) TRUE COPY OF THE PROCEEDINGS NO.C.S1/1727/05 DATED
27.1.2007 OF 4TH RESPONDENT
EXT.R9(D) TRUE COPY OF PROCEEDINGS NO.C-X-1-1581/07 DATED
22.5.2008 OF 3RD RESPONDENT
EXT.R9(E) TRUE COPY OF PROCEEDINGS NO.(CS)A8-15689/08 DATED
11.11.2008 OF 2ND RESPONDENT
EXT.R9(F) TRUE COPY OF GO (RT.) 391/09/F & CSD DATED 7.12.2009
OF 1ST RESPONDENT
EXT.R9(G) TRUE COPY OF PROCEEDINGS NO.P-5622/07/DC DATED
8.5.2007 OF PUBLIC INFORMATION OFFICER
EXT.R9(H) TRUE COPY OF THE PROCEEDINGS OF SECRETARY VELLARADA
GRAMA PANCHAYAT DATED 17.12.2007
APPENDIX OF WP(C) NO.9371/2010
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE NOTIFICATION DATED 12.7.2006 ISSUED
BY 4TH RESPONDENT
EXT.P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER WITH REQUISITE DOCUMENTS
EXT.P3 TRUE COPY OF THE PROCEEDINGS NO.C.S1/1727/05 DATED
27.1.2007 OF 4TH RESPONDENT
EXT.P4 TRUE COPY OF PROCEEDINGS NO.C-S-1-1581/07 DATED
22.5.2008 OF 3RD RESPONDENT
EXT.P5 TRUE COPY OF PROCEEDINGS NO.(CS) A8-15689/08 DATED
11.11.2008 OF 2ND RESPONDENT
EXT.P6 TRUE COPY OF GO (RT) 391/09/F& CSD DATED 7.12.2009 OF
1ST RESPONDENT
EXT.P7 TRUE COPY OF PROCEEDINGS NO.P-5622/07/DC DATED
8.5.2007 OF PUBLIC INFORMATION OFFICER
EXT.P8 TRUE COPY OF THE PROCEEDINGS OF SECRETARY VELLARADA
GRAMA PANCHAYAT DATED 17.12.2007.
RESPONDENT'S EXHIBITS :
EXT.R7(A) TRUE COPY OF CERTIFICATE NO.B3-862/09 DATED 26.5.2009
ISSUED BY THE VELLARADA GRAMA PANCHAYAT
EXT.R7(B) PHOTOGRAPH OF THE SITE OF DEMOLISHED SHOP ROOM
VP III/1095 SUBMITTED TO THE ADDL. SECRETARY TO GOVERNMENT WHO
HEARD THE CASES ON 28.5.2009
EXT.R7(C) TRUE COPY OF LETTER NO.B3-5610 DATED 2.2.2010
ISSUED BY THE VELLARADA GRAMA PANCHAYAT.
EXT.R7(D) TRUE COPY OF ASSESSMENT REGISTER OF BUILDING
NO.VP III/79 ISSUED BY THE VELLARADA GRAMA PANCHAYAT
