Mustafa A.P vs Commissioner Of Civil Supplies ...
2023 Latest Caselaw 7513 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. 22175 OF 2023
WRIT PETITIONER:

           MUSTAFA A.P.
           AGED 41 YEARS
           S/O KUNHADRU, ARIKKATTUPARAMBIL,
           VAIRANKODE, PALLAR, THIRUNAVA,
           MALAPPURAM, KERALA, PIN - 676301
           BY ADVS.
           GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
           MANU SRINATH
           NIMESH THOMAS
           SREELAKSHMI R.NAIR

RESPONDENTS:

    1      COMMISSIONER OF CIVIL SUPPLIES
           AND CONSUMER AFFAIRS
           PUBLIC OFFICE BUILDING,
           NEAR MUSEUM, VIKAS BHAVAN P.O.
           THIRUVANANTHAPURAM, PIN - 695033
    2      DISTRICT COLLECTOR
           COLLECTORATE, MALAPPURAM, PIN - 676505
    3      DISTRICT SUPPLY OFFICER
           OFFICE OF DISTRICT SUPPLY OFFICER,
           NEAR PWD REST HOUSE, KAVUNKAL,
           MALAPPURAM, PIN - 676505
    4      TALUK SUPPLY OFFICER
           TALUK SUPPLY OFFICE, TIRUR, PIN - 676101
    5      PRESIDENT
           THIRUNAVAYA GRAMA PANCHAYATH,
           THIRUNAVAYA P.O.,
           MALAPPURAM DISTRICT, PIN - 676301
    6      NAFEESA K.
           LICENSEE FPS 2054116, KALLAN HOUSE, SOUTH
 WP(C) NO.22175 OF 2023


                           2



          PALLAR,KASAVANCODE P.O.,
          THIRUNAVAYA, PIN - 676301
          BY ADVS.
          SRI.K.J.SAJI ISSAC, SC
          SMT.VIDYA KURIAKOSE, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.22175 OF 2023


                                 3



             P.V.KUNHIKRISHNAN, J.
            ------------------------------
            W.P.(C)No.22175 of 2023
    ----------------------------------------------
      Dated this the 07th day of July, 2023


                       JUDGMENT

The above writ petition is filed with the

following prayers:

"(i) declare that the shifting of FPS from Ward No. 21 to Ward No. 16 of URI Thirunavaya Grama Panchayat is illegal and without authority of law;

(ii) issue a writ in the nature of certiorari, or any other appropriate writ, direction or order, to quash decision leading to Ext.P2;

(iii) issue a writ in the nature of mandamus, or any other appropriate writ, direction or order, directing the respondents 3 to 5 to restore FPS to Ward No. 21 of Thirunavaya Granma Panchayat;

(iv) issue a writ in the nature of mandamus, or any other appropriate writ, direction or order, directing the 2nd respondent WP(C) NO.22175 OF 2023

to consider and pass orders on Ext.P9 appeal within such time as may be fixed by this Hon'ble Court;

(v) The petitioner also prays that this Honourable Court may be pleased to dispense with the translation of the documents produced in the vernacular language; and

(vi) to dispense with the production of English translation of documents."[SIC]

2. The main prayer in this writ petition is

against the shifting of Fair Price Shop from Ward

No.21 to Ward No.16 of Thirunavaya Grama

Panchayat. The petitioner already approached the

2nd respondent with Ext.P9 appeal narrating the

grievance raised in this writ petition and also

challenging Ext.P2. The grievance of the petitioner

is that the same is not considered. Hence this writ

petition is filed.

3. Heard the learned counsel appearing for WP(C) NO.22175 OF 2023

the petitioner, the learned Government Pleader and

the learned counsel appearing for the 5th

respondent.

4. After hearing both sides, I think this writ

petition itself can be disposed of directing the 2 nd

respondent to consider Ext.P9 appeal within a time

frame with notice to the petitioner and other

affected parties.

Therefore, this writ petition is disposed of in

the following manner:

i. The 2nd respondent is directed to consider

and pass appropriate orders in Ext.P9 after giving

an opportunity of hearing to the petitioner and

other affected parties, as expeditiously as possible,

at any rate, within a period of six weeks from the

date of receipt of a certified copy of this judgment.

ii. Petitioner will produce a certified copy of WP(C) NO.22175 OF 2023

this judgment along with a copy of this writ petition

before the 2nd respondent for compliance.

iii. All the contentions raised by the

petitioner in this writ petition are left open.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO.22175 OF 2023

APPENDIX OF WP(C) 22175/2023

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF RATION CARD NO.2054231553 ISSUEDIN THE NAME OF THE WIFE OF THE PETITIONER EXHIBIT P2 A TRUE COPY OF ORDER NO.

DSOMLP/1195/2022-CS10 DATED 10.04.2023 OF THE 3RD RESPONDENT EXHIBIT P3 A TRUE COPY OF COMMUNICATION NO.

CCS/4216/2020 DATED 17.03.2022 EXHIBIT P4 A TRUE COPY OF LETTER NO.

DSOMLP/1322/2022-CS10 DATED 13.09.2022 EXHIBIT P5 A TRUE COPY OF REPORT NO.

CS10/932/21 DATED 25.09.2021 OF THE 3RD RESPONDENT EXHIBIT P6 A TRUE COPY OF APPLICATION FOR CHANGE IN BUSINESS PLACE SUBMITTED BY THE 6TH RESPONDENT AND RECOMMENDED BY THE RATIONING INSPECTOR EXHIBIT P7 A TRUE COPY OF LETTER DATED 03.03.2023 ISSUED BY THE PRESIDENT OF THIRUNAVAYA GRAMA PANCHAYATH TO THE 3RD RESPONDENT RECOMMENDING SHIFTING OF FAIR PRICE SHOP TO

EXHIBIT P8 A TRUE COPY OF G.O.(RT.) NO.

659/2023/LSGD DATED 20.03.2023 WP(C) NO.22175 OF 2023

EXHIBIT P9 A TRUE COPY OF APPEAL SUBMITTED BY PETITIONER BY THE PETITIONER BEFORE THE 2ND RESPONDENT

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE