Citation : 2023 Latest Caselaw 8686 Ker
Judgement Date : 9 August, 2023
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. 25917 OF 2023
PETITIONER:
P.T. PRAKASHAN, AGED 56 YEARS
S/O. DHAMODHARAN NAIR, 'HARIPRASADHAM' ,
CHELAVOOR.P.O, KOZHIKODE DISTRICT, PIN - 673571
BY ADV K.PRAVEEN KUMAR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CIVIL
SUPPLIES AND CONSUMER AFFAIRS, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE COMMISSIONER OF CIVIL SUPPLIES
PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM,
PIN - 695001
3 THE DEPUTY CONTROLLER OF RATIONING (NORTH ZONE),
CIVIL STATION, CIVIL STATION. P.O, KOZHIKODE,
PIN - 673020
4 THE CITY RATIONING OFFICER (NORTH), CIVIL STATION,
CIVIL STATION. P.O, KOZHIKODE, PIN - 673020
OTHER PRESENT:
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:
W.P(C).25917/2023 2
P. V. KUNHIKRISHNAN, J.
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WP(C).No.25917 of 2023
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Dated this the 9th day of August, 2023
JUDGMENT
The above writ petition is filed with the following prayers:
(i) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P5 and to quash the original of the same;
ii) issue a writ of mandamus or any other appropriate writ, order or direction directing 2nd respondent to consider and pass order on Ext. P6 appeal, as expeditiously as possible ;
iii) a direction to respondents to refund the amount remitted by the petitioner pursuant to Ext. P5 to him, expeditiously;
iv) to issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case;
v) to permit the petitioner to produce translations of the vernacular documents as and when directed by this Hon'ble Court;
[SIC]
2. Today, when this writ petition came up for consideration,
counsel for the petitioner submits that the petitioner will be satisfied if a
direction is issued to the 2nd respondent to consider Ext.P6, within a time
frame.
3. Heard the learned Government Pleader also.
4. After hearing both sides, I think this writ petition can be
disposed of directing the 2nd respondent to consider Ext.P6 within a time
frame.
Therefore, this writ petition is disposed of with the following
prayers:
(i) The 2nd respondent is directed to consider and pass appropriate orders on Ext.P6, after affording an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within 2 months from the date of receipt of a certified copy of this judgment.
(ii) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 2 nd respondent for compliance.
Sd/-
P. V. KUNHIKRISHNAN JUDGE Sbna/
APPENDIX OF WP(C) 25917/2023
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MAHAZAR DATED 20.09.2022.
Exhibit P2 TRUE COPY OF THE PROCEEDING NO. DYCR -
NZ/352/2022/NZ3 DATED 22.09.2022 . ExhibitP3 TRUE COPY OF THE MEMO OF CHARGES DATED 11.01.2023.
Exhibit P4 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO MEMO CHARGES Exhibit P5 TRUE COPY OF THE PROCEEDING NO. DVCR-
NZ/352/ 2022/NZ3 DATED 18.03.2023. Exhibit P6 TRUE COPY OF THE APPEAL DATED 01.06.2023 ALONG WITH DELIVERY DETAILS.
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