Joseph Isaac vs State Of Kerala
2022 Latest Caselaw 10494 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
      FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                        WP(C) NO. 31677 OF 2022
PETITIONER/S:

          JOSEPH ISAAC, AGED 51 YEARS
          S/O ISSAC, ILLIKKAL HOUSE
          ANGADIKADAVU, ARD NO.29 (OLD ARD NO.353)
          ANGADIKADAVU (PO), IRITTY
          KANNUR DISTRICT 670 706

          BY ADV RESHMA E.



RESPONDENT/S:

1         STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT
          FOOD AND CIVIL SUPPLIES DEPARTMENT
          SECRETARIAT, THIRUVANANTHAPURAM 695 001


2         THE COMMISSIONER OF CIVIL SUPPLIES
          THIRUVANANTHAPURAM 695 001

3         THE DISTRICT COLLECTOR,KANNUR
          CIVIL STATION, KANNUR - PIN 670 002

4         THE DISTRICT SUPPLY OFFICER
          OFFICE OF THE DISTRICT SUPPLY OFFICER, KANNUR
          KANNUR DISTRICT PIN 670 002

5         THE TALUK SUPPLY OFFICER
          OFFICE OF THE TALUK SUPPLY OFFICER
          IRITTY TALUK
          KANNUR DISTRICT PIN 670 703

          GP SRI.P.S.APPU


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31677 OF 2022           ..2..


                          JUDGMENT

The petitioner is an authorised retail distributor of

ARD No.29 in Ayyankunnu Grama Panchayath, Iritty Taluk

from 01.01.1996. The licence issued to the petitioner is

being renewed from time to time and according to him,

the same is valid up to 31.03.2023. The petitioner has

been issued with Ext.P3 show cause notice by the District

Supply Officer, Kannur, asking to show cause why the

license issued to him shall not be cancelled. He has

submitted Ext.P5 reply to Ext.P3. The petitioner

apprehends that the 4th respondent/District Supply Officer

may cancel the license pursuant to Ext.P3, without

considering Ext.P5 reply and without hearing him.

2. Heard the learned Counsel for the petitioner and

the learned Government Pleader.

3. The learned Government Pleader, on instructions,

submits that, the 4th respondent will pass orders pursuant WP(C) NO. 31677 OF 2022 ..3..

to Ext.P3 only after considering Ext.P5 objection and

hearing the petitioner.

4. In the facts and circumstances of the case and

considering the submissions made across the Bar, there

will be a direction to the 4th respondent/District Supply

Officer to pass orders pursuant to Ext.P3 after hearing the

petitioner and considering Ext.P5 objection submitted by

him.

The writ petition is disposed of accordingly.

Sd/-

                             MURALI PURUSHOTHAMAN
                                     JUDGE
SB/07/10/2022
 WP(C) NO. 31677 OF 2022        ..4..




                          APPENDIX

PETITIONERS EXHIBITS

EXT.P1 TRUE COPY OF THE REGISTER SHOWING THE NAME AND PHOTOGRAPH OF SALESMAN IN THE AUTHORISED DEPOT RUNNING IN THE THALASSERY TALUK, WHICH AUTHORIZES THE PETITIONER'S BROTHER AS THE FULL TIME SALES MAN

EXT.P2 THE TRUE COPY FO THE MEDICINES PRESCRIBED TO THE PETITIONER FOR ALLERGIC CYMPTOMS

EXT.P3 THE TRUE COPY OF THE NOTICE NO.DSOKNR/669/2022-CS8 DATED 30.09.2022 ISSUED BY DISTRICT SUPPLY OFFICER

EXT.P4 THE TRUE COPY OF THE AGREEMENT DATED 15.06.19 BETWEEN THE PETITIONER AS THE 1ST PARTY AND SRI.EBIL ABRAHAM AS 2ND PARTY

EXT.P5 THE TRUE COPY OF REPLY DATED 6.1.22 BY THE PETITIONER TO THE 3RD RESPONDENT.