Kerala High Court
Padmakumar.K vs The Commissioner Of Civil ... on 26 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
WP(C) NO. 27743 OF 2022
PETITIONER:
PADMAKUMAR.K
SALESMAN, FPS NO.276 (ARD NO.276),
WARD NO.XIX, ITTIVA PANCHAYATH, VAYYANAM.P.O.
KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN-691533.
BY ADVS.
V.S.AFSAL KHAN
V.A.SHAJI
RESPONDENTS:
1 THE COMMISSIONER OF CIVIL SUPPLIES
COMMISSIONER OF CIVIL SUPPLIES OFFICE,
THIRUVANANTHAPURAM, PIN-695001.
2 THE DISTRICT SUPPLY OFFICER,
CIVIL STATION, KOLLAM, PIN-691013.
3 THE TALUK SUPPLY OFFICER,
TALUK SUPPLY OFFICE, KOTTARAKKARA, PIN-691506.
SRI.S.RENJITH, SPECIAL GOVERNMENT PLEADER TO AAG
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27743 OF 2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 27743 of 2022
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Dated this the 26th day of August, 2022
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) To call for the records relating to Exhibits
P-1 to P-5 and to issue a writ in the nature of
mandamus or any appropriate writ, direction or order,
directing the 2nd respondent to appoint the petitioner
as licensee for FPS No.276 (now attached to ARD
143) at Ward No.XIX, Ittiva Panchayat, Vayyanam
P.O., Kottarakkara Taluk, Kollam District wherein the
petitioner is working as Salesman.
(ii) To issue a writ in the nature of
mandamus or any appropriate writ, direction or
order, directing the 2nd respondent to consider and
pass order on Ext.P-5 after affording an appointing of
being heard.
(iii) To declare that the petitioner is entitled to
get priority in granting licence to run FPS No.276 at
Ward No.XIX, Ittiva Panchayat, Vayyanam P.O.,
Kottarakkara Taluk, Kollam District based on his 29
years experience in the same shop.
WP(C) NO. 27743 OF 2022
(iv) To dispense with filing of the translation
of vernacular documents.
(v) To issue any other appropriate writ, order
or direction to meet out justice under the
circumstances of the above case."[SIC]
2. When this writ petition came up for
consideration, the counsel appearing for the petitioner
submitted that, he will be satisfied, if a direction is
issued to the 2nd respondent to consider Ext.P5.
3. Heard the learned Special Government
Pleader also.
4. After hearing both sides, I think there can be
a direction to the 2nd respondent to consider Ext.P5 and
pass appropriate orders in it, after giving an opportunity
of hearing to the petitioner and other affected parties, if
any.
Therefore, this writ petition is disposed of in the
following manner:
i. The 2nd respondent is directed to consider
Ext.P5 and pass appropriate orders in it, as
WP(C) NO. 27743 OF 2022
expeditiously as possible, at any rate, within a
period of one month from the date of receipt of a
copy of this judgment.
ii. Before passing final orders, an opportunity
of hearing should be given to the petitioner and
other affected parties, if any.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 27743 OF 2022
APPENDIX OF WP(C) 27743/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGISTER SHOWING THE
SALESMAN IN THE ARD 310.
EXHIBIT P2 TRUE COPY OF THE REGISTER SHOWING THE
SALESMAN IN THE ARD NO.299/276.
EXHIBIT P3 TRUE COPY OF THE REGISTER SHOWING THE
SALESMAN IN THE ARD 143/276.
EXHIBIT P4 TRUE COPY OF THE DISABLED CERTIFICATE
NO.2210/2000 DATED 28.11.2000 ISSUED
BY THE DISTRICT HOSPITAL, KOLLAM.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT DATED 1.8.2022.
RESPONDENT EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
