Vinod V.S vs Sineesh P.S
2023 Latest Caselaw 6992 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE THE CHIEF JUSTICE MR.S.V.N.BHATTI
                                  &
              THE HONOURABLE MR.JUSTICE BASANT BALAJI
        THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                          WA NO. 1113 OF 2023
 AGAINST THE JUDGMENT IN WP(C) 17280/2022 OF HIGH COURT OF KERALA
APPELLANT/S:

            VINOD V.S
            AGED 43 YEARS
            S/O SREEDHARAN, KUZHIKKARANPLACKAL, PAZHUMALA,
            EDAKKUNNAM VILLAGE ,VENGATHANAM P O ,
            KOTTAYAM DISTRICT-686 512., PIN - 686512

            BY ADVS.
            P.K.SANTHAMMA
            JEEVA KUMARI P.S



RESPONDENT/S:

    1       SINEESH P.S
            AGED 40 YEARS
            S/O SASIDHARAN NAIR, PARIYARATHU HOUSE,
            CHERAKADAVU,THEKKETHUKAVALA P.O ,PONKUNNAM,
            KOTTAYAM-686 519., PIN - 686512

    2       STATE OF KERALA
            REPRESENTED BY SECRETARY, DEPARTMENT OF FOOD & CIVIL
            SUPPLIES, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695 001., PIN - 686519

    3       THE DIRECTOR,
            OFFICE OF THE CIVIL SUPPLIES COMMISSIONER, PUBLIC OFFICE
            BUILDING, MUSEUM, VIKAS BHAVAN PO, THIRUVANANTHAPURAM -
 WA No.1113/2023

                                      -2-




              695033, PIN - 695033

     4        THE COMMISSIONER OF CIVIL SUPPLIES
              OFFICE OF THE CIVIL SUPPLIES COMMISSIONER, PUBLIC OFFICE
              BUILDING, MUSEUM, VIKASBHAVAN PO, THIRUVANANTHAPURAM-
              695033., PIN - 695033

     5        THE DISTRICT COLLECTOR, KOTTAYAM
              KOTTAYAM - KUMILY ROAD, COLLECTORATE, KOTTAYAM,
              KERALA-686 002., PIN - 686002

     6        DISTRICT SUPPLY OFFICER,
              KOTTAYAM DISTRICT SUPPLY OFFICE, CIVIL STATION,
              COLLECTORATE P.O., KOTTAYAM-686 002., PIN - 686002

     7        TALUK SUPPLY OFFICER
              OFFICE OF TALUK SUPPLY OFFICER, KANJIRAPPALLY P.O, KOTTAYAM
              -686 514., PIN - 686514

              BY ADV SINEESH P.S (PARTY)



OTHER PRESENT:

              TEKCHAND V SR GP


         THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22.06.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA No.1113/2023

                                   -3-




                              JUDGMENT

S.V.N. Bhatti, C.J.

The instant writ appeal is filed against the judgment dated

24.02.2023 in W.P.(C) No.17280/2022.

2. Vide judgment dated 22.05.2023 in W.A. No.836/2023

similar issue has been considered. The operative portion reads

thus:

"3. Our attention is invited to the judgment dated 04.04.2023 in W.A. No.710/2023, again filed at the instance of one of the respondents in the common judgment dated 24.02.2023. We take note of the view taken by the Division Bench and that the State/respondents are not in appeal before us on that portion of the judgment under appeal, which has interdicted the notifications impugned in respective writ petitions.

4. As a matter of fact and law, the learned Judge relegated the issue for consideration strictly per the extant orders and Rules applicable on this behalf. Instead of taking up the individual grievances of the appellants herein, ends of justice are met by granting liberty to the appellants herein to represent to the District Supply Officer on or before 25.05.2023 by enclosing a copy of the judgment.

WA No.1113/2023

The District Supply Officer considers the objections/case pleaded by the respective appellants and takes an informed decision before issuing either a notification or allotting the shops based on reservation etc."

Accordingly, the writ appeal is disposed of by directing the

appellant to represent to the District Supply Officer within two

weeks from today by enclosing a copy of the judgment.

The District Supply Officer considers the objections/case

pleaded by the appellant and takes a decision expeditiously.

Sd/-

S.V.N.BHATTI CHIEF JUSTICE

Sd/-

BASANT BALAJI JUDGE

JS