Zakariya.P vs State Of Kerala
2022 Latest Caselaw 2060 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022/4TH PHALGUNA, 1943
                      WP(C) NO. 6031 OF 2022


PETITIONERS:

         ZAKARIYA P., S/O.LATE MOHAMMED MUSLIYAR,
         RESIDING AT POTHENGODAN HOUSE,
         MUTHANOOR WEST, THRIPPANACHI P.O.,
         MALAPPURAM-673 641.

         BY ADVS.
         K.JAJU BABU (SR.)
         M.U.VIJAYALAKSHMI
         BRIJESH MOHAN


RESPONDENTS:

    1    STATE OF KERALA REPRESENTED BY
         SECRETARY TO GOVERNMENT OF KERALA,
         FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS
         DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN-695 005.

    2    THE DIRECTOR OF CIVIL SUPPLIES,
         OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES,
         PUBLIC OFFICE COMPLEX,
         THIRUVANANTHAPURAM, PIN-695 033.

    3    THE DISTRICT SUPPLY OFFICER,
         DISTRICT SUPPLY OFFICE,
         MALAPPURAM-676 504.

    4    THE TALUK SUPPLY OFFICER,
         ERNAD, MALAPPURAM-676 121.

         SRI.APPU P.S., G.P.

     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.6031/ 2022

                                2




                         JUDGMENT

Dated this the 23rd day of February, 2022

The petitioner states that he is the legal heir of late

Mohammed Musliyar, who held ARD licence in respect of

Shop No.111 in Ernadu Taluk. At the time of the demise of

the petitioner's father, the petitioner was a minor. The

petitioner's mother was not aware of the statutory claims

available to the family under Clause 45(2) of the Kerala

Rationing Order, 1966.

2. On attaining majority, the petitioner submitted

Ext.P1 application for licence of the ARD, the petitioner

being a legal heir of the deceased licensee. As per Ext.P3,

the Director of Civil Supplies informed the District Supply

Officer that since the application has been submitted 15

years after the demise of the licensee, it need not be

considered.

WP(C)No.6031/ 2022

3. Aggrieved by Ext.P3, the petitioner has preferred

Ext.P4 revision petition before the Government. The

petitioner prays that the 1st respondent be directed to

consider Ext.P4 after giving an opportunity of hearing to the

petitioner. The petitioner further prays to direct respondents

3 and 4 not to re-notify ARD No.111 in Ernadu Taluk for

appointment of fresh licensee till the 1st respondent takes a

decision on the revision petition filed by the petitioner.

4. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

5. The learned Government Pleader controverted all

the material contentions raised by the petitioner in the writ

petition. The Government Pleader submitted that the

application submitted by the petitioner is highly belated.

However, the revision petition being a statutory petition, the

same can be considered by the 1st respondent. WP(C)No.6031/ 2022

6. From Ext.P4, it is discernible that the revision

petition has been submitted by the petitioner invoking Clause

71 of the Kerala Rationing Order. Ext.P4 being a statutory

application, the 1st respondent is liable to consider the same

in accordance with law within a reasonable time.

In the circumstances, the writ petition disposed of

directing the 1st respondent to consider Ext.P4 revision

petition submitted by the petitioner within a period of one

month. Any proceeding to re-notify ARD No.111 in Ernad

Taluk for appointment of new licensee shall be kept in

abeyance till a decision is taken on the revision petition. The

petitioner shall serve a copy of the writ petition and copy of

the judgment on the 1st respondent for compliance.

Sd/-

N. NAGARESH JUDGE ncd/23.02.2022 WP(C)No.6031/ 2022

APPENDIX OF WP(C) 6031/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION DATED 21.08.2019 WITH ALL SUPPORTING DOCUMENTS SUBMITTED BY THE PETITIONER.

Exhibit P2 TRUE COPY OF THE LETTER NO.CS10-

4652/17 DATED 11.02.2020 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE LETTER NO.CCS/807/2020-A9 DATED 18.06.2020 ISSUED FROM THE OFFICE OF THE CIVIL SUPPLIES COMMISSIONER.

Exhibit P4 TRUE COPY OF THE REVISION PETITION DATED 17.09.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH ACKNOWLEDGEMENT.