Tessy John vs State Of Kerala
2023 Latest Caselaw 8926 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. 26743 OF 2023
PETITIONER:
           TESSY JOHN
           AGED 52 YEARS
           SALESWOMAN, FPS NO.15 (ARD NO.15), WARD NO.XXX,
           VATTAPPALLY MARKET ROAD, CHANGANACHERRY MUNICIPALITY,
           (RESIDING AT PEEDIKATHUNDIYIL, VATTAPPALLY,
           CHANGANACHERRY TALUK, KOTTAYAM, PIN - 686101

          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

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.26743 of 2023

                                      2

                   P.V.KUNHIKRISHNAN
              ---------------------
                 W.P (C) No.26743 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-11 and to issue a writ in the nature of certiorari or any other appropriate writ, direction or order, quashing the Exhibit P-9 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 15 in Ward No.XXX at Changanacherry Municipality, 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-10 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 15 in Ward No.XXX at Changanacherry Municipality, Changanacherry Taluk in Kottayam District based on her 14 years experience as Saleswoman in the shop.

(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.P9, the petitioner filed Ext.P10

appeal before the 3rd respondent. The grievance of the W.P (C) No.26743 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.P10 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.P10, 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.P10, 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.26743 of 2023

APPENDIX OF WP(C) 26743/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE NO. C.S-5-

42/12 DATED 17.1.2012 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS NO.CS8.4878/2009 DATED 19.4.2012 OF THE 4TH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS NO.CS5-

398/13(4) DATED 27.5.2013 OF THE 5TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REGISTER SHOWING THE NAME OF SALESWOMAN

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 15.2.2022 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 5.6.2022 FILED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR CIVIL SUPPLIES WITH COPY TO THE 4TH RESPONDENT

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 24.2.2023 IN W.P.(C)NO.18723/2022 PASSED BY THIS HON'BLE HIGH COURT OF KERALA, ERNAKULAM

EXHIBIT P8 TRUE COPY OF THE CERTIFICATE NO.TSOCHY/144/2023-CS.5 DATED 18.4.2023

EXHIBIT P9 EXHIBIT P-9: TRUE COPY OF THE ORDER NO.DSOKTM/600/2022-CS8 DATED 27.5.2023

EXHIBIT P10 TRUE COPY OF THE APPEAL DATED 26.6.2023 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT NO.549541/23/FC/K-7 DATED 12.7.2023 FROM THE 3RD RESPONDENT TO THE PETITIONER