Biju.M.Joseph vs State Of Kerala
2023 Latest Caselaw 8922 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. 26815 OF 2023
PETITIONER:
           BIJU.M.JOSEPH
           AGED 44 YEARS
           SALESMAN, FPS NO.119 (ARD NO.119), WARD NO.X,
           SANTHIPURAM KAVALA, KARUKACHAL PANCHAYATH,
           NEDUNGADAPPALLY.P.O., RESIDING AT MADATHIKULAM VEETTIL,
           NEDUNGADAPPALLY.P.O., KOTTAYAM, PIN - 686545

          BY ADVS.
          V.S.AFSAL KHAN
          V.A.SHAJI
          C.K.SASI
          GEO GEORGE GRIGORY


RESPONDENTS:
     1     STATE OF KERALA
           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

OTHER PRESENT:

          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:
 W.P (C) No.26815 of 2023

                                       2

                    P.V.KUNHIKRISHNAN
               ---------------------
                  W.P (C) No.26815 of 2023
            ---------------------------
             Dated this the 14th day of August, 2023

                                JUDGMENT

This writ petition is filed with the following prayers:-

"(i) To call for the records relating to Exhibits P-1 to P-8 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 3 rd respondent to appoint the petitioner as licensee for FPS 119, Ward No.X at Santhipuram Kavala, Karukachal Panchayath, Nedungadappally P.O., Changanacherry Taluk in 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 after affording an opportunity of being heard.

(iv) To declare that the petitioner is eligible and entitled to be appointed as licensee of FPS 119, Ward No.X at Santhipuram Kavala, Karukachal Panchayath, Nedungadappally P.O., Changanacherry Taluk in Kottayam District based on his experience as Saleswoman.

(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, the petitioner filed Ext.P7

appeal before the 3rd respondent. The grievance of the W.P (C) No.26815 of 2023

petitioner is that the same is not considered.

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 appeal within a time frame. Till the appeal is

disposed of, there can be a direction to the respondents not to

invite fresh application for licence.

Therefore, this writ petition is disposed of with the

following directions.

1) The 3rd respondent is directed to consider and pass appropriate orders in Ext.P7, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment.

2) Till final orders are passed in Ext.P7, the respondents shall not invite fresh application for licence.

3) The petitioner will produce a certified copy of this judgment along with a copy of the writ petition before the 3rd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.26815 of 2023

APPENDIX OF WP(C) 26815/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REGISTER SHOWING THE NAME OF THE PETITIONER AS SALESMAN

EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 24.3.2022 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P3 EXHIBIT P-3: TRUE COPY OF THE JUDGMENT DATED 24.2.2023 IN W.P.(C)17589/2022 OF THIS HON'BLE HIGH COURT OF KERALA, ERNAKULAM.

EXHIBIT P4 EXHIBIT P-4: TRUE COPY OF THE CERTIFICATE NO.TSOCHY/144/2023-CS.5 DATED 18.4.2023.

EXHIBIT P5 EXHIBIT P-5: TRUE COPY OF THE CONSENT LETTER ATTESTED BY THE NOTARY DATED 18.4.2023.

EXHIBIT P6 TRUE COPY OF THE ORDER NO.DSOKTM/565/2022 CS8 DATED 27.5.2023 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER

EXHIBIT P7 : TRUE COPY OF THE APPEAL DATED 26.6.2023 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT NO.549523/23/FC/K-7 DATED 12.7.2023 FROM THE 3RD RESPONDENT TO THE PETITIONER