Chandran P vs State Of Kerala
2023 Latest Caselaw 3034 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                        WP(C) NO. 25277 OF 2022
PETITIONER:

             CHANDRAN P.,
             AGED 56 YEARS
             S/O.PONNUSWAMY,
             PALLITHAZATHU HOUSE,
             HELIBERIYA P.O.,
             IDUKKI DISTRICT,PIN-685 501.
             BY ADVS.P.C.CHACKO(PARATHANAM)
                     ASHA P.KURIAKOSE

RESPONDENTS:

    1        STATE OF KERALA,
             REPRESENTED BY SECRETARY,
             DEPARTMENT OF FOOD AND CIVIL SUPPLIES,
             GOVERNMENT OF KERALA,
             GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM,PIN-695 001.
    2        THE DIRECTOR,
             FOOD AND CIVIL SUPPLIES DEPARTMENT,
             VIKAS BHAVAN,
             THIRUVANANTHAPURAM,
             PIN-695 033.
    3        THE DISTRICT SUPPLY OFFICER,
             IDUKKI, CIVIL STATION,
             PAINAAV P.O.,
             IDUKKI DISTRICT-685 603.
    4        THE TALUK SUPPLY OFFICER, PEERUMADU
             KUTTIKANAM P.O.,
             IDUKKI DISTRICT-685 531.
             BY SRI.S.RENJITH,SPECIAL GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.03.2023,     THE   COURT   ON   THE    SAME    DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C.) No. 25277/2022        2




                          JUDGMENT

According to the petitioner, petitioner is working as a

salesman in ARD No. 150 in Elappara Panchayat, Idukki

District. The case of the petitioner is that licence in respect

of ARD No. 150 in Elappara Panchayat was in the name of

one, K. Sebastian and petitioner was the salesman in the

ration shop. But due to old age, the said K.Sebastian was

incapable of running the ration business and he stopped the

business. Thereafter, during 2016 the third respondent

attached the license of said ration shop with ARD No. 80 of

Elappara Panchayat and petitioner is working as a salesman

even after the attachment of the ration shop.

2. Petitioner on that account has submitted Ext.P4

application before the District Supply Officer, Idukki - the

third respondent under Paragrah 37(5) of the Targeted

Public Distribution System (Control) Order, 2021 (for short,

the 'Order, 2021').

3. A detailed counter affidavit is filed by the third

respondent refuting the claims and demand raised by the

petitioner.

4. However, in my considered opinion, an

application submitted under Paragraph 37(5) of the Order,

2021 is a statutory application to be considered by the

District Supply Officer because there is a clear reservation

made in the matter of allotment of Fair Price Shops for the

salesman.

5. In that view of the matter, I am of the considered

opinion that a direction can be issued to the District Supply

Officer to consider Ext.P4 application submitted by the

petitioner. The eligibility of the salesman to apply under

Paragraph 37(5) of the Order, 2021 was considered by this

Court in W.P.(C.) No.910/2022 and other connected

matters and directed the concerned District Supply Officers

to consider all the pending applications and also granted

liberty to those salesmen, who have not submitted

application to make the claim under Paragraph 37(5) of the

Order, 2021.

Therefore, considering the said aspects and hearing

learned counsel for the petitioner, Smt. Asha P. Kuriakose

and learned Government Pleader, Smt. Vidya Kuriakose,

the writ petition is disposed of directing the District Supply

Officer, Idukki - the third respondent to finalise Ext.P4, at

the earliest, at any rate, within one month from the date of

receipt of a copy of this judgment. I make it clear that if

the petitioner has not produced required documents in

contemplation of Paragraph 37(5) of the Order, 2021,

petitioner is granted the liberty to produce all the

documents within two weeks from today.

Sd/-

SHAJI P. CHALY JUDGE DCS/13.03.2023

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 14.06.2022. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 17.12.2021 ISSUED BY THE UNDER SECRETARY FOOD AND CIVIL SUPPLIES (B) DEPARTMENT, GOVERNMENT OF KERALA.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 28.12.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 21.02.2022 TO THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 3RD RESPONDENT DATED 16.05.2022. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 16.06.2022 IN WPC NO.19265 OF 2022 OF THIS HON'BLE COURT.