S. Ragish vs The State Of Kerala
2023 Latest Caselaw 1852 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. 86 OF 2023
PETITIONER:
              S. RAGISH
              AGED 44 YEARS
              FORMER AWD NO.17, KOZHIKODE TALUK,
              WEST HILL, KOZHIKODE;
              RESIDING AT RAPUSHA NIVAS,
              KUTHIRAVATTOM - P.O.,
              CALICUT, PIN - 673016
              BY ADVS.
              VINOD MADHAVAN
              M.V.BOSE
              BIJU VARGHESE ERUMALA

RESPONDENTS:
     1      THE STATE OF KERALA
            REPRESENTED BY SECRETARY
            DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS,
            GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM , PIN - 695001
     2      THE DIRECTOR OF CIVIL SUPPLIES
            OFFICE OF THE DIRECTOR OF CIVIL SUPPLIES,
            PUBLIC OFFICE OF COMPLEX,
            THIRUVANANTHAPURAM, PIN - 695033
     3      THE COMMISSIONER OF CIVIL SUPPLIES
            OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES,
            PUBLIC OFFICE OF COMPLEX,
            THIRUVANANTHAPURAM, PIN - 695033
     4      THE KERALA STATE CIVIL SUPPLIES CORPORATION
            MAVELIBHAVAN, MAVELI ROAD, GANDHI NAGAR,
            KOCHI,REPRESENTED BY ITS PRINCIPAL OFFICER, PIN - 682020
     5      THE DISTRICT SUPPLY OFFICER
            OFFICE OF THE DISTRICT SUPPLY OFFICER,
            CIVIL STATION, KOZHIKODE , PIN - 673020
     6      THE TALUK SUPPLY OFFICER,
            OFFICE OF THE TALUK SUPPLY OFFICER,
            CIVIL STATION, KOZHIKODE, PIN - 673020
            BY ADV Molly Jacob [email protected]

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.86 of 2023
                                        2



                               JUDGMENT

Dated this the 1st day of February, 2023

The petitioner was the Authorised Wholesale Distributor

No.17 in Kozhikode taluk appointed in accordance with the

provisions of the Kerala Rationing Order, 1966. On

implementation of the National Food Security Act with effect

from 1st November, 2016, the Civil Supplies Corporation

became the authorised agency of the State and was entrusted

with the distribution of ration commodities by dispensing with

the services of the Authorised Wholesale Distributors.

Consequent to which, the petitioner had to return the ration

articles within the time period prescribed by the statutory

authority. The grievance highlighted by the petitioner in this

writ petition is that though the stocks were returned the

amounts on account of the stocks returned are not paid to the

petitioner. It is further pointed out that in spite of the earnest

efforts made by the petitioner for the past three years no

action is taken, which persuaded the petitioner to file this writ

petition.

W.P.(C) No.86 of 2023

2. I have heard the learned counsel for the petitioner,

Sri.Vinod Madhavan and learned Senior Government Pleader,

Smt. K.M Reshmi for the government.

The learned Government Pleader submitted that there are

no dues from the petitioner and the amounts claimed by the

petitioner is payable to the petitioner, however requests for a

short time to make the payment. In that view of the matter,

the writ petition is disposed of directing the respondents to

release the amounts due to the petitioner within three months

from the date of receipt of a copy of this judgment.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.86 of 2023

APPENDIX OF WP(C) 86/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION, DATED 14/07/2020, PREFERRED BY THE WRIT PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE COMMUNICATION NO.CCS/407/2019-A9(2) DATED 16/11/2020 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE WRIT PETITIONER Exhibit P3 TRUE COPY OF THE LETTER DATED 06/10/2021 ISSUED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT Exhibit P4 TRUE COPY OF THE COMMUNICATION NO.DSOKKD/423/2019-CS6, DATED 05/08/2022 ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT Exhibi P5 TRUE COPY OF THE LETTER NO.DSOKKD/423/2019-

CS6, DATED 20/09/2022, ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE LETTER NO.CCS/4667/2022-

F2, DATED 15/10/2022 Exhibit P7 TRUE COPY OF THE JUDGMENT, DATED 15/12/2022 RENDERED BY THE HON'BLE HIGH COURT OF KERALA IN W.P.(C).NO.4897/2018