Sreelekha Abhilash vs District Collector, ...
2023 Latest Caselaw 1782 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                        WP(C) NO. 2491 OF 2023
PETITIONERS:

    1     SREELEKHA ABHILASH
          AGED 44 YEARS, W/O ABHILASH P S,
          PARAPPATTU HOUSE, MEZHUVELI P O,
          PATHANAMTHITTA DISTRICT,
          PIN - 689507,
    2     K R SIVARAJAN
          AGED 72 YEARS, S/O LEKSHMI,
          PARAPPATTU HOUSE, MEZHUVELI P O,
          PATHANAMTHITTA DISTRICT,
          PIN - 689507
          BY ADVS.
          JACOB P.ALEX
          JOSEPH P.ALEX
          MANU SANKAR P.
          AMAL AMIR ALI


RESPONDENTS:

    1     DISTRICT COLLECTOR, PATHANAMTHITTA
          2ND FLOOR, DISTRICT COLLECTORATE,
          PATHANAMTHITTA - 689 645,
    2     DISTRICT SUPPLY OFFICER, PATHANAMTHITTA
          OFFICE OF THE DISTRICT SUPPLY OFFICER, 4TH FLOOR,
          COLLECTORATE, PATHANAMTHITTA - 689 645,
    3     TALUK SUPPLY OFFICER, KOZHENCHERRY
          TALUK SUPPLY OFFICE, KOZHENCHERRY - 689 645
          SMT.DEEPA N - SENIOR GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.2491 of 2023
                                   2



                           JUDGMENT

Dated this the 1st day of February, 2023

The 2nd respondent is the Authorised Retail Distributor of

the Ration Depot - ARD No.23 of Mezhuvelli, Pathanamthitta

District. Due to his old age, he nominated the 1 st petitioner,

who is his daughter-in-law and sales woman of the said Ration

Depot for running the said Ration Depot as provided under

Clause 37 of the Kerala Targeted Public Distribution System

(Control) Order, 2021. However, the 2nd respondent ie., the

District Supply Officer, Pathanamthitta rejected the request

against which the petitioner has submitted Ext.P10 appeal

before the District Collector, which is pending consideration,

seeks direction for disposal of Ext.P10 in accordance with law.

2. After having heard the learned counsel for the

petitioner, Sri.Jacob P. Alex and learned Senior Government

Pleader, Smt. Deepa N, and perusing the pleadings and

materials on record.

The writ petition is disposed of directing the District

Collector, Pathanamthitta - the 1st respondent to finalise W.P.(C) No.2491 of 2023

Ext.P10 in accordance with low at the earliest, and at any rate,

within two months from the date of receipt of a copy of this

judgment, taking into account the judgment rendered by this

Court in W.P.(C) No.7629/2020 dated 16th July, 2020 and any

other proposition of law laid down by this Court in that regard.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.2491 of 2023

APPENDIX OF WP(C) 2491/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOMINATION DATED 17-09-

2022 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE CONSENT LETTER DATED 17-

09-2022 SHOWING THE WILLINGNESS OF THE 1ST PETITIONER Exhibit P3 TRUE COPY OF THE AFFIDAVIT DATED 17-09-2022 EXECUTED BY OTHER LEGAL HEIRS OF 2ND PETITIONER Exhibit P4 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 31-08-2022 OF THE 2ND PETITIONER ISSUED BY THE ASSISTANT SURGEON, PRIMARY HEALTH CENTRE, MEZHUVELLI, Exhibit P5 TRUE COPY OF THE RATION CARD NO.1312103967 Exhibit P6 TRUE COPY OF THE REGISTER SHOWING THE NAME OF THE 1ST PETITIONER AS REGISTERED SALES WOMAN Exhibit P7 TRUE COPY OF THE ORDER DATED 25-04-2017 BEARING NO. CS 3 - 704/17 Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC NO. 7629 OF 2020 DATED 16-07-2020 Exhibit P9 TRUE COPY OF THE LETTER DATED 22-12-2022 BEARING NO. TSOKZY/409/2022-CS2 ISSUED BY THE 3RD RESPONDENT Exhibit P10 TRUE COPY OF THE APPEAL DATED 13-01-2023 FILED BEFORE THE 1ST RESPONDENT ALONG WITH RECEIPT