Kerala High Court
M. Ravindran vs State Of Kerala on 23 February, 2022
WP(C) NO. 30868 OF 2015 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943
WP(C) NO. 30868 OF 2015
PETITIONER/S:
1 M. RAVINDRAN
ARD-93-PGT, PALAKKAD TALUK, PALAKKAD.
2 H.RAFI
ARD-97-PGT, PALAKKAD TALUK, PALAKKAD TALUK, PALAKKAD.
3 P.RADAKAKRISHNAN
ARD-90-ALTHR, ALATHOOR TALUK, PALAKKAD.
4 V.KRISHNAN
ARD-15-CTR, CHITOOR TALUK, PALAKKAD.
BY ADVS.
SRI.K.JAJU BABU (SR.)
SRI.BRIJESH MOHAN
SMT.M.U.VIJAYALAKSHMI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, FOOD AND CIVIL
SUPPLIES DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001.
2 THE DISTRICT SUPPLY OFFICER
PALAKKAD, PALAKKAD-678001.
3 THE TALUK SUPPLY OFFICER PALAKKAD TALUK
PALAKKAD-678001.
4 THE TALUK SUPPLY OFFICER
ALATHUR, PALAKKAD TALUK, PIN 678541.
5 THE TALUK SUPPLY OFFICER
CHITTOOR, PALAKKAD TALUK, PIN 678101.
BY ADV GOVERNMENT PLEADER, SRI.JOBY JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30868 OF 2015 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 30868 of 2015
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Dated this the 23rd day of February, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"i) issue a writ of mandamus or any other
appropriate writ, order or direction, directing the 1st
respondent to consider and dispose of Exts.P5 to P8
with notice and opportunity for hearing to the
petitioners at the earliest.
ii) In view of Ext.P9, this Hon'ble Court may
pleased to direct the respondents to permit the
petitioners to run their respective ARDS
untrammelled by Ext.P1 to 4 till the Government
takes a decision on Ext.P5 to P8.
iii) issue such other and further reliefs as this
Hon'ble Court may deem fit and proper in the facts
and circumstances the case; and award costs to the
petitioner."[SIC]
2. The petitioners are the Authorised Retail
Distributors (ARD) in Palakkad District. On 28.09.2015, there
was state wide agitation by two associations of ARDs against
the vigilance raid in ARDs of different districts earlier.
According to the petitioners, because of the vengeance on the
part of the official respondents, Exts.P1 to P4 suspension
orders were passed. The petitioners submitted Exts.P5 to P8
revision petitions invoking the powers under Clause 71 of the
Rationing Order. When there was no action on the revision
petitions filed by the petitioners, this writ petition is filed.
3. Heard the learned counsel for the petitioners and the
learned Government Pleader.
6. When this writ petition came up for consideration on
9.10.2015, this Court passed an interim order provisionally
permitting the petitioners to run their ARDs. That order is in
force even now. In such situation, this writ petition can be
disposed of directing the authorities to consider the revision
petitions and the interim order can continue till final orders are
passed in the revision.
Therefore, this writ petition is disposed in the following
manner :
1) The 1st respondent is directed to consider Exts.P5 to
P8 revision petitions, as expeditiously as possible, at any rate,
within three months from the date of receipt of a copy of this
judgment.
2) Before passing final orders in the revision petitions
filed by the petitioners, an opportunity of hearing should be
given to the petitioners.
3) Till final orders are passed in Exts.P5 to P8 revisions,
the interim order passed by this Court on 9.10.2015 to the
effect that the petitioners are provisionally permitted to run the
ARDs will continue.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 30868/2015
PETITIONER EXHIBITS
EXHIBIT-P1: TRUE COPY OF ORDER OS
SUSPENSION ISSUED BY THE 2ND RESPONDENT TO
THE 1ST PETITIONER VIDE NO.C.S. 5-5796/2015
DATED 30.09.2015.
EXHIBIT-P2: TRUE COPY OF ORDER OF
SUSPENSION ISSUED BY THE 2ND RESPONDENT TO
THE 2ND PETITIONER VIDE NO.C.S. 5-5793/2015
DATED 30.09.2015.
EXHIBIT-P3: TRUE COPY OF ORDER OF
SUSPENSION ISSUED BY THE 2ND RESPONDENT TO
THE 3RD PETITIONER VIDE NO.C.S. 4-5794/2015
DATED 30.09.2015.
EXHIBIT-P4: TRUE COPY OF ORDER OF
SUSPENSION ISSUED BY THE TALUK SUPPLY
OFFICER, CHITOOR TO THE 4TH PETITIONER VIDE
NO.C 6-1817/2015 DATED 01.10.2015.
EXHIBIT-P5: TRUE COPY OF REVISION PETITION
SUBMITTED BY THE 1ST PETITIONER BEFORE THE
1ST RESPONDENT FOR STAYING THE SUSPENSION.
EXHIBIT-P6: TRUE COPY OF REVISION PETITION
SUBMITTED BY THE 2ND PETITIONER BEFORE THE
1ST RESPONDENT FOR STAYING THE SUSPENSION.
EXHIBIT-P7: TRUE COPY OF REVISION PETITION
SUBMITTED BY THE 4TH PETITIONER BEFORE THE
1ST RESPONDENT FOR STAYING THE SUSPENSION.
EXHIBIT-P8: TRUE COPY OF REVISION PETITION
SUBMITTED BY THE 4TH PETITIONER BEFORE THE
1ST RESPONDENT FOR STAYING THE SUSPENSION.
EXHIBIT-P9: TRUE COPY OF INTERIM ORDER
NO.304203/B2/15/CSD. DATED 06.10.2015 OF
THE 1ST RESPONDENT IN THE CASE OF THE 1ST
PETITIONER.
EXHIBIT-P10: TRUE COPY OF NEWS REPORT
APPEARED IN MALAYALA MANORAMA DAILY DATED
06.10.2015.
EXT.P11 TRUE COPY OF THE ORDER VIDE NO.B 2000/15
DATED 1.10.2015 OF THE TALUK SUPPLY
OFFICER, MANNARKKAD
EXT.P12 TRUE COPY OF SUSPENSION ORDER VIDE NO CS.4-
1860/2013 DATED 6.4.2016 ISSUED BY THE
DISTRICT SUPPLY OFFICER, PALAKKAD
EXT.P13 TRUE COPY OF ORDER VIDE NO.CS 3-935/2013
DATED 29.4.2016 OF THE TALUK SUPPLY
OFFICER, ALATHUR
EXT.P14 TRUE COPYP OF ORDER VIDE NO.FCS-
B2/98/2017/FCSD DATED 22.3.2018 OF THE 1ST
RESPONDENT
EXT.P15 TRUE COPY OF ORDER VIDE NO. CS.4-1860/2013
DATED 3.7.2018 OF THE DISTRICT SUPPLY
OFFICER, PALAKKAD
EXT.P16 TRUE COPY OF ORDER VIDE NO. CS 3-963/2013
DATED 6.9.2018 OF THE TALUK SUPPLY OFFICER,
ALATHUR
