P.G. Raghavan Pillai vs State Of Kerala
2023 Latest Caselaw 8910 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                        WP(C) NO. 26047 OF 2023
PETITIONER:

          P.G. RAGHAVAN PILLAI
          AGED 47 YEARS
          S/O. GOVINDA PILLAI, PAINGATTAZHIKATHU VEEDU, NADUVILE
          MURI, CHATHAKULAM P.O., PORUVAZHI, KOLLAM, PIN - 690520
          BY ADVS.
          M.NARENDRA KUMAR
          B.RAJESH (KOTTAYAM)
          HARSHADEV M.


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PRINCIPAL SECRETARY, FOOD AND CIVIL
          SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001
    2     DISTRICT COLLECTOR
          CIVIL STATION, KOLLAM, PIN - 691013
    3     DISTRICT SUPPLY OFFICER
          OFFICE OF THE DISTRICT SUPPLY OFFICER,
          KOLLAM DISTRICT, PIN - 691013
    4     TALUK SUPPLY OFFICER
          KUNNATHOOR TALUK SUPPLY OFFICE, KOLLAM DISTRICT, MINI
          CIVIL STATION, KARUNAGAPALLY, PIN - 690518
          BY ADV.
          SMT.VIDHYA KURIAKOSE, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.26047 OF 2023


                                  2




            P.V.KUNHIKRISHNAN, J.
           ------------------------------
           W.P.(C) No.26047 of 2023
   ----------------------------------------------
   Dated this the 14th day of August, 2023


                        JUDGMENT

The above writ petition is filed with the

following prayers:

"(i) issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Exhibit - P1 and quash the same as illegal to the extent of directing the petitioner to deposit Rs.95,722/and forfeiting the security deposit of Rs.5000/-.

(ii) To dispense with the production of the translation in to English, the Exhibit in Malayalam, pending disposal of the Writ Petition Civil.

(iii) Grant such other reliefs which this Hon'ble court deems fit and proper in the circumstances of this case."[SIC] WP(C) NO.26047 OF 2023

2. Petitioner is the licencee of ARD 21 of

Kunnathur Taluk, Kollam District. It is the case of

the petitioner that, there are 365 card holders

attached to the said fair price shop. Petitioner is

aggrieved by Ext.P1 order dated 15.07.2023

passed in the appeal preferred under Paragraph

62 of the Kerala Targeted Public Distribution

System (Control) Order, 2021. As per that order,

there was a direction to pay an amount of

Rs.95,722/- to the State Exchequer, apart from

forfeiting the security amount of Rs.5,000/- to

restore the licence to the petitioner. Petitioner is

aggrieved by the above condition. Hence this writ

petition is filed.

3. Heard the learned counsel appearing for

the petitioner and the learned Government

Pleader.

WP(C) NO.26047 OF 2023

4. After going through Ext.P1 order, this

Court opined that, there is nothing to interfere

with the above condition. At this stage, the

counsel appearing for the petitioner submitted

that the petitioner may be given an opportunity to

pay the above amount in instalments. I think that

prayer can be allowed.

Therefore, this writ petition is disposed of

with the following directions:

i. The petitioner is allowed to pay the

amount ordered as per Ext.P1 in 5 Equal

monthly instalments. On payment of the first

instalment, the licence will be restored in the

petitioner's name. The petitioner will pay the

balance four instalments in the next four

months. If there is any default on the part of

the petitioner, respondents are free to WP(C) NO.26047 OF 2023

proceed in accordance to Ext.P1 order.

ii. This order is passed in the peculiar

facts and circumstance of this case and

therefore the respondents need not treat it as

a precedent.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO.26047 OF 2023

APPENDIX OF WP(C) 26047/2023

PETITIONER EXHIBITS EXHIBIT -P1 TRUE COPY OF THE ORDER NO.

DSOKLM/306/2023-CS5 DATED 15.07.2023 ISSUED BY THE 2ND RESPONDENT

OF 2022 F & C S D DATED 06.06.2022 ISSUED BY THE STATE OF KERALA EXHIBIT -P3 TRUE COPY OF THE CERTIFICATE DATED 12.03.2023 SENT BY THE VIGILANCE COMMITTEE TO THE MINISTER SRI. G.R. ANIL, HON'BLE MINISTER FOR FOOD, CIVIL SUPPLIES, CONSUMER AFFAIRS AND LEGAL METROLOGY, STATE OF KERALA AND THE DISTRICT SUPPLY OFFICER, KOLLAM ALONG WITH TYPED COPY OF THE EXT.P3 EXHIBIT -P4 TRUE COPY OF THE REPORT DATED 11.03.2023 PREPARED BY RATIONING INSPECTORS ALONG WITH TYPED COPY OF EXT.P4 EXHIBIT -P5 THE TRUE COPY OF THE JUDGMENT DATED 29.05.2023 IN W.P.(C) NO.

                   14805 OF 2023



RESPONDENTS EXHIBITS       :NIL
                 //TRUE COPY//    PA TO JUDGE