Suni.P.Nair vs State Of Kerala
2023 Latest Caselaw 8680 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                   WP(C) NO. 26297 OF 2023
PETITIONER:

          SUNI.P.NAIR
          AGED 43 YEARS
          SALESWOMAN, FPS NO.115 (ARD NO.115),
          BUILDING NO.34/XIII, WARD NO.XIII,
          CHAMBAKKARA.P.O. KARUKACHAL PANCHAYATH,
          (RESIDING AT ANAKKALLUMKAL, CHAMBAKKARA.P.O.,
          KOTTAYAM, PIN - 686540
          BY ADVS.
          V.S.AFSAL KHAN
          V.A.SHAJI
          C.K.SASI
          GEO GEORGE GRIGORY

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, FOOD & CIVIL SUPPLIES
          (B) DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE COMMISSIONER OF CIVIL SUPPLIES
          OFFICE OF THE CIVIL SUPPLIES COMMISSIONER,
          PUBLIC OFFICE BUILDING, MUSEUM, VIKAS
          BHAVAN.P.O.,THIRUVANANTHAPURAM, PIN - 695033
    3     THE DISTRICT COLLECTOR
          KOTTAYAM COLLECTORATE, KOTTAYAM, PIN - 686002
    4     THE DISTRICT SUPPLY OFFICER
          OFFICE OF THE DISTRICT SUPPLY OFFICER, CIVIL
          STATION, KOTTAYAM, PIN - 686002
    5     THE TALUK SUPPLY OFFICER
          OFFICE OF THE TALUK SUPPLY OFFICER,
          CHANGANACHERRY,, PIN - 686101
          SMT.VIDYA KURIAKOSE, GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.26297/2023

                                       2



                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     W.P.(C).No.26297 of 2023
               ----------------------------------------------
             Dated this the 09th day of August, 2023


                             JUDGMENT

This writ petition is filed with following prayers:

(i) To call for the records relating to Exhibits P-1 to P-7 and to issue a writ in the nature of certiorari or any other appropriate writ, direction or order, quashing the Exhibit P-6 order dated 27.5.2023.

(ii) To issue writ in the nature of mandamus or direction or order directing the 3rd respondent to appoint the petitioner as licensee for FPS No.115 at Ward No.XIII, Karukachal Panchayat, Changanacherry Taluk, Kottayam District wherein the petitioner is working as Saleswoman.

(iii) To issue a writ in the nature of mandamus or any appropriate writ, direction or order, directing the 3rd respondent to consider and pass an order on Ext.P-7 Appeal filed by the petitioner after affording an opportunity of being heard.

(iv) To declare that the petitioner is eligible, qualified and entitled to be appointed as licensee of FPS No.115 at Ward No.XIII, Karukachal Panchayat, Changanacherry Taluk, Kottayam District based on her 12 years experience as Saleswoman in the shop.

WP(C).No.26297/2023

(v) To dispense with filing of the translation of vernacular documents.

(vi) To issue any other appropriate writ, order or direction to meet out justice under the circumstances of the above case.

(SIC)

2. Aggrieved by Ext.P6 order, the petitioner already

filed Ext.P7 appeal before the 3 rd respondent. The

apprehension of the petitioner is that before passing final

orders in Ext.P7, the respondents will notify for fresh

applications.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. After hearing both sides, I think this writ petition

itself can be disposed of directing the 3 rd respondent to

consider Ext.P7 within a time frame and till then, fresh

notification inviting new applications can be deferred.

Therefore, this writ petition is disposed of in the

following manner:

1. The 3rd respondent is directed to consider and

pass appropriate orders in Ext.P7, after

affording an opportunity of hearing to the WP(C).No.26297/2023

petitioner, as expeditiously as possible, at any

rate, within one month from the date of receipt

of a stamped certified copy of this judgment.

2. Till final orders are passed in Ext.P7, the

respondents shall not issue any notification and

invite new applications.

3. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this

writ petition before the 3rd respondent for

compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.26297/2023

APPENDIX OF WP(C) 26297/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTER SHOWING THE NAMES OF SALESWOMAN Exhibit P2 TRUE COPY OF THE EXTRACT OF THE KERALA TARGETED PUBLIC DISTRIBUTION SYSTEM

Exhibit P3 TRUE COPY OF THE CONSENT LETTER OF MATHEW.P.JOHN FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 16.9.2021.

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 24.2.2023 IN W.P.(C)NO.17596/2022 PASSED BY THIS HON'BLE COURT OF KERALA, ERNAKULAM Exhibit 5 TRUE COPY OF THE CERTIFICATE NO.TSOCHY/144/2023 CS5 DATED 18.4.2023 ISSUED BY THE 5TH RESPONDENT Exhibit P6 EXHIBIT P-6: TRUE COPY OF THE ORDER NO.DSOKTM/605/2022CS8 DATED 27.5.2023 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

Exhibit P7 TRUE COPY OF THE APPEAL DATED 27.6.2023 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT NO.549531/23/FC/K-7 DATED 12.7.2023 FROM THE 3RD RESPONDENT TO THE PETITIONER