Valsamma Joseph vs The State Of Kerala
2022 Latest Caselaw 4752 Ker

WA No.498/2022                             1/3

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                          THE HONOURABLE MR.JUSTICE C.S.DIAS
                                          &
                       THE HONOURABLE MR.JUSTICE BASANT BALAJI
             Tuesday, the 26th day of April 2022 / 6th Vaisakha, 1944
                                WA NO. 498 OF 2022
      AGAINST THE JUDGMENT DATED 5.4.2022 IN WP(C) 4403/2022 OF THIS COURT
   APPELLANT/PETITIONER:

          VALSAMMA JOSEPH, AGED 62 YEARS, D/O. JOSEPH, RESIDING AT KANICHERIL
          HOUSE, KAKKAYAM P.O., KOYILANDY TALUK, KOZHIKKODE DISTRICT, PIN-673
          615.

          BY ADVS.M/S.GEORGE SEBASTIAN & ARUN LUCKOSE ABRAHAM

   RESPONDENTS/RESPONDENTS:

      1. THE STATE OF KERALA, REPRESENTED BY THE DEPARTMENT OF FOOD AND CIVIL
         SUPPLIES , OFFICE AT GOVERNMENT SECRETARIAT, GROUND FLOOR, NORTH
         SANDWICH BLOCK, THIRUVANANTHAPURAM,PIN-695 001.
      2. THE COMMISSIONER OF CIVIL SUPPLIESS, CIVIL SUPPLIES OFFICE AT PUBLIC
         OFFICE, OPP: MUSEUM VIKAS BHAVAN, THIRUVANANTHAPURAM
         DISTRICT,PINCODE-695 033.
      3. THE DEPUTY CONTROLLER OF RATIONING (NORTH ZONE), CIVIL STATION,
         KOZHIKODE, CIVIL STATION P.O., KOZHIKODE DISTRICT, PIN-673 020.
      4. THE DISTRICT COLLECTOR, KOZHIKODE OFFICE AT WAYANAD ROAD, CIVIL
         STATION, ERANHIPALAM, KOZHIKODE, KERALA-673 020.
      5. GEETHA, D/O. GOPI, RESIDING AT AMBALAKKUNNU, AMBALAKKUNNU ADIVASI
         COLONY, KAKKAYAM, KOORACHUNDU VILLAGE, KOYILANDY TALUK, KOZHIKODE
         DISTRICT,PIN-673 615.
      6. MINI, D/O. JANU, RESIDING AT AMBALAKKUNNU, AMBALAKKUNNU ADIVASI
         COLONY, KAKKAYAM, KOORACHUNDU VILLAGE, KOYILANDY TALUK, KOZHIKODE
         DISTRICT, PIN-673 615.

            BY GOVERNMENT PLEADER FOR R1 TO R4

        Prayer for interim relief in the Writ Appeal stating that in the
   circumstances stated in the appeal memorandum the High Court be pleased
   to stay the operation of the direction in Ext.P9 to appoint fresh licensee
   for ARD 226 of Koyildandy taluk in Kozhikode District, pending disposal of
   this Writ Appeal.

        This Writ Appeal coming on for admission on 26/04/2022 upon perusing
   the appeal memorandum, the court on the same day passed the following:
 WA No.498/2022                           2/3




                                      ORDER

Admitted.

The learned Government Pleader takes notice for respondents 1 to 4. Issue notice to respondents 5 and 6.

On a consideration of the pleadings and materials on record and hearing the learned counsel for the appellant, we are satisfied that the appellant has made out a prima facie case for an interim order. Hence, we restrain respondents 2 to 4 from appointing a permanent licensee for ARD 226 of Koyilandy taluk in Kozhikode District, pending disposal of the Writ Appeal.

          26.04.2022


                                                  Sd/- C.S.DIAS, JUDGE

                                               Sd/- BASANT BALAJI, JUDGE
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EXT.P9: A TRUE COPY OF THE ORDER DATED 9.12.2021 PASSED BY THE 1ST RESPONDENT.

26-04-2022 /True Copy/ Assistant Registrar