Chacko Varghese vs The District Supply Officer
2022 Latest Caselaw 1270 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
    FRIDAY, THE 28TH DAY OF JANUARY 2022/8TH MAGHA, 1943
                      WP(C) NO. 1651 OF 2022


PETITIONER:

         CHACKO VARGHESE, AGED 56 YEARS,
         S/O. KURIAN VARGHESE,
         VALLAPURACKAL HOUSE,
         CHEKKIDIKADU P.O., EDATHUA,
         ALAPPUZHA DISTRICT 689 573.

         BY ADVS.
         B.PRAMOD
         NAMITHA JYOTHISH


RESPONDENTS:

    1    THE DISTRICT SUPPLY OFFICER,
         DISTRICT SUPPLY OFFICE,
         CIVIL STATION, ALAPPUZHA 2.

    2    THE TALUK SUPPLY OFFICER,
         KUTTANAD, 5TH FLOOR,
         MINI CIVIL STATION,
         KIDANGAMPARAMP, THATHAMPALLY,
         ALAPPUZHA 688 013.

         SRI.APPU P S, G.P.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.1651/2022

                                 2




                           JUDGMENT

Dated this the 28th day of January, 2022

The petitioner prays that Ext.P7 communication be

quashed and there be a direction to the 1 st respondent to

grant licence to the petitioner for running the ration shop

(ARD/Fair Price Shop) No.74 of Kuttanadu Taluk.

2. The petitioner states that Kurian Varghese, the

father of the petitioner, was licensee of an authorised retail

dealership. After the death of the father, Rosamma

Varghese, the mother of the petitioner, was running the shop

from 1993 to 2005. After the demise of the mother, the

eldest brother of the petitioner, V.V. Thomas, was running

the shop from 2008 to 2021. The said V.V. Thomas, decided

to cancel the licence.

3. According to the petitioner, there is no provision

for cancellation of licence issued under the Kerala Rationing WP(C)No.1651/2022

Order, 1966 based on an application of the existing ARD.

This is especially so when such ARD licence was granted to

a legal heir. The petitioner being a legal heir of deceased

Rosamma Varghese, submitted Ext.P4 request seeking to

grant/transfer ARD licence in his name. No decision has

been taken on the request.

4. According to the learned counsel for the

petitioner, by virtue of Clause 45(2) of the Kerala Rationing

Order, the petitioner is entitled to get the ARD licence. The

denial of ARD licence to the legal heir of Rosamma

Varghese will be against the provisions contained in the

Kerala Rationing Order as well as the Kerala Targeted Public

Distribution System (Control) Order, 2021.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

WP(C)No.1651/2022

6. Going through the pleadings in the writ petition, it

emerges that the petitioner has submitted Ext.P4 application

to the 1st respondent-District Supply Officer. As the

petitioner is relying on the provisions of the Kerala Rationing

Order and the Kerala Targeted Public Distribution System

(Control) Order, 2021 for his claim, it is necessary that the

1st respondent to consider the application in accordance with

law.

In the circumstances, the writ petition is disposed of

directing the 1st respondent to consider Ext.P4 application

submitted by the petitioner for licence to conduct ARD, in

accordance with law. A decision in this regard shall be taken

within a period of four weeks.

Sd/-

N. NAGARESH JUDGE ncd/28.01.2022 WP(C)No.1651/2022

APPENDIX OF WP(C) 1651/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE REPLY DATED 3-1-

2022 BY THE 2ND RESPONDENT FURNISHED UNDER THE RTI ACT ALONG WITH CERTIFICATES.

Exhibit P2 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 14-06-2021 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE REPLY DATED 15-12-

2021 FURNISHED UNDER THE RTI ACT FROM THE OFFICE OF THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE APPLICATION DATED 5-

1-2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P5(a) TRUE COPY OF THE LETTER DATED NIL AGREEING FOR THE GRANT OF LICENSE TO THE PETITIONER SIGNED BY SUSAMMA MATHEW, SISTER OF THE PETITIONER. Exhibit P5(b) TRUE COPY OF THE LETTER DATED NIL AGREEING FOR THE GRANT OF LICENSE TO THE PETITIONER SIGNED BY LILLYKUTTY JOSE, SISTER OF THE PETITIONER.

Exhibit P5(c) TRUE COPY OF THE LETTER DATED NO.

AGREEING FOR THE GRANT OF LICENSE TO THE PETITIONER SIGNED BY ANNAMMA SEBI, SISTER OF THE PETITIONER.

Exhibit P5(d) TRUE COPY OF THE LETTER DATED NIL AGREEING FOR THE GRANT OF LICENSE TO THE PETITIONER SIGNED BY ANNAMMA PHILIP, SISTER OF THE PETITIONER. Exhibit P5(e) TRUE COPY OF THE LETTER DATED NIL AGREEING FOR THE GRANT OF LICENSE TO THE PETITIONER SIGNED BY JOMON VARGHESE, BROTHER OF THE PETITIONER. Exhibit P6 TRUE COPY OF THE POSTAL RECEIPTS DATED 05-01-2022 SHOWING DISPATCH OF THE APPLICATIONS SENT TO THE 1ST RESPONDENT BY THE PETITIONER.

WP(C)No.1651/2022

Exhibit P7 TRUE COPY OF THE LETTER DATED 8-8-2021 ISSUED BY THE CIVIL SUPPLIES DIRECTOR TO THE PETITIONER.