Sabu P. K vs State Of Kerala
2023 Latest Caselaw 7503 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
                   WP(C) NO. 22079 OF 2023
PETITIONER/S:

          SABU P. K., AGED 49 YEARS
          S/O. PAPPACHAN, KANJIRAVILA, EDAKKAD P.O.,
          KOLLAM., PIN - 691552
          BY ADVS.
          B.PRAMOD
          BIJU VIGNESWAR
          AYYAPPADAS V
RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, CIVIL SUPPLY
          DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN
          - 695001
    2     THE DISTRICT COLLECTOR
          CIVIL STATION, KOLLAM., PIN - 691013
    3     THE DISTRICT SUPPLY OFFICER
          KUNNATHOOR, MINI CIVIL STATION, SASTHAMKOTTA,
          KOLLAM., PIN - 690521
    4     THE TALUK SUPPLY OFFICER
          KUNNATHOOR TALUK, SASTHAMKOTTA, KOLLAM., PIN -
          690521
    5     P.G. RAGHAVAN PILLAI @ PRIYAKUMAR
          S/O. SIVANPILLA, PAIGATTU AZHIKATHU VEEDU,
          NADUVILAMURI, CHATHAKULAM P.O., KOLLAM., PIN -
          690520
          BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:

          SRI.S.RANJITH, SPL.GP TO AAG
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 22079 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 22079 of 2023
                         =============================================================

                         Dated this the 7th day of July, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"(i) Issue a writ of mandamus or any other appropriate writ or direction commanding respondents to see that the license granted to the 5th respondent for running the Fair Price Shop No.21 in Kunathoor Taluk is cancelled permanently;

(ii) Grant such other order as this Hon'ble Court deems fit and necessary in the facts and circumstance of the case;

(iii) Dispense with the English translation of the documents in the vernacular exhibited in the memorandum of W.P (C)."

2. The main prayer in this writ petition is to issue appropriate

direction to respondents to see that the licence granted to the 5 th

respondent for running the Fair Price Shop No.21 in Kunathoor Taluk

is cancelled permanently.

3. Heard the counsel for the petitioner and the Special

Government Pleader.

W.P.(C). No. 22079 of 2023

4. According to the petitioner, there are serious allegations

against the 5th respondent and his licence is suspended now. There is

an attempt to restore the licence to the 5 th respondent. I don't want to

make any observation about the same, especially because this Court

has not issued notice to the 5th respondent. The grievance of the

petitioner can be directed to be considered by the 4 th respondent with

notice to the 5th respondent. The petitioner can narrate the grievance

raised in this writ petition before the 4 th respondent by way of

representation and there can be a direction to the 4 th respondent to

consider the same, with notice to the petitioner and the 5 th respondent.

All the contentions raised by the petitioner in this writ petition are left

open.

Therefore, this writ petition is disposed of in the following

manner:

1. The petitioner is free to submit a representation to the 4 th respondent narrating the grievance raised in this writ petition within two weeks from the date of receipt of a certified copy of this judgment.

W.P.(C). No. 22079 of 2023

2. Once such a representation along with a copy of this writ petition and also with a copy of this judgment is received, the 4th respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and the 5 th respondent, as expeditiously as possible, at any rate, within one month from the date of receipt of the representation.

3. The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before the 4th respondent for compliance.

4. I make it clear that, this Court has not considered the matter on merit and the 4 th respondent is free to pass appropriate orders in accordance with law.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 22079 of 2023

APPENDIX OF WP(C) 22079/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE RATION CARD BEARING NO. 1211007619 ISSUED IN THE NAME OF THE PETITIONER'S MOTHER.

Exhibit P2 TRUE COPY OF THE ORDER DATED 13.03.2023 ISSUED BY THE 4TH RESPONDENT SUSPENDING THE LICENSE IN FAVOUR OF THE 5TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE RTI APPLICATION DATED 12.05.2023 SUBMITTED BEFORE THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE REPLY DATED 06.06.2023 ISSUED UNDER THE RTI ACT BY THE 4TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE DOCUMENTS SUPPLIED BY THE 4TH RESPONDENT SHOWING THE ACTION AGAINST THE 5TH RESPONDENT ON 3 OCCASIONS I.E., ON 23.06.2022, 11.11.2022 AND 06.12.2022.