Santhoshkumar K.M vs The State Of Kerala
2023 Latest Caselaw 1859 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. 653 OF 2023

PETITIONER/S:

              SANTHOSHKUMAR K.M
              AGED 52 YEARS
              ARD NO:433,
              MUKUNDAPURAM TALUK,
              THRISSUR DISTRICT, PIN - 680 317.
              BY ADVS.
              VINOD MADHAVAN
              M.V.BOSE
              BIJU VARGHESE ERUMALA


RESPONDENT/S:

     1        THE STATE OF KERALA
              REPRESENTED BY SECRETARY,
              FOOD & CIVIL SUPPLIES DEPARTMENT,
              GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM , PIN - 695 001.
     2        THE COMMISSIONER OF CIVIL SUPPLIES
              OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES,
              PUBLIC OFFICE OF COMPLEX,
              THIRUVANANTHAPURAM, PIN - 695 033.
     3        THE DISTRICT SUPPLY OFFICER
              OFFICE OF THE DISTRICT SUPPLY OFFICER,
              1ST FLOOR, CIVIL STATION, AYYANTHOLE,
              THRISSUR , PIN - 680 003.
     4        THE TALUK SUPPLY OFFICER
              OFFICE OF THE TALUK SUPPLY OFFICER,
              CIVIL STATION, MUKUNDAPURAM,
              THRISSUR., PIN - 680 125.
     5        THE RATIONING INSPECTOR,
              AMBALLUR FARKA,
              OFFICE OF THE TALUK SUPPLY OFFICER,
              CIVIL STATION, MUKUNDAPURAM,
              THRISSUR, PIN - 680 125.



              SRI.RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER



         THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

     01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  W.P.(C) No. 653/2023            :2:



                             SHAJI P. CHALY, J.
            ---------------------------------------------------------
                            W.P.(C). No. 653 of 2023
            ---------------------------------------------------------
                  Dated this the 1st day of February, 2023.

                                 JUDGMENT

The petitioner was an authorised retail distributor under the

Kerala Rationing Order, 1966. The licence of the petitioner was

suspended as per Exhibit P1 order dated 07.01.2023 by the Taluk

Supply Officer, Mukundapuram, respondent No.4. It is, thus,

challenging the legality and correctness of Exhibit P1 order, the writ

petition is filed.

2. Anyhow, today, when the matter is taken up, the learned

counsel for the petitioner submitted that it would suffice, if a liberty is

granted to the petitioner to prefer a revision before the Government

invoking clause 63 of the Kerala Targetted Public System (Control)

Order, 2021.

3. In that view of the matter, after hearing the learned counsel

for the petitioner Sri. Vinod Madhavan and the learned Government

Pleader Sri. Rajeev Jyothish Goerge, and perusing the pleadings and

materials on record, this writ petition is disposed of, leaving open the

liberty of the petitioner to file a revision before the Government within

three weeks from the date of receipt of a copy of this judgment. The

Government, on receipt of the same, shall consider the revision in

accordance with law and pass final orders within two months

thereafter, after affording an opportunity of hearing to the petitioner.

sd/- SHAJI P. CHALY, JUDGE.

Rv

APPENDIX OF WP(C) 653/2023

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NO.TSOMKM/12/2023-B1, DATED 07/01/2023 ISSUED BY THE 4TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 23/02/2022 RENDERED BY THE HON'BLE HIGH COURT OF KERALA IN W.P.(C).NO.30868/2015.

RESPONDENTS' EXHIBITS:

EXHIBIT R3(A) TRUE COPY OF THE MAHAZAR PREPARED ON 07.01.2023 BY THE RATIONING INSPECTOR.

EXHIBIT R3(B) TRUE COPY OF THE MAHAZAR PREPARED ON 07.01.2023 BY THE RATIONING INSPECTOR.

True Copy

PS To Judge.

rv