Kerala High Court
Raj Kumar M R vs The District Collector , ... on 24 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
WP(C) NO. 41756 OF 2022
PETITIONER:
RAJ KUMAR M R
AGED 61 YEARS
S/O. RAMACHANDRAN, CC7/1124, KAPPALANDIMUKK,
MATTANCHERY P.O., KOCHI- 682002.
BY ADVS.
DINESH R.SHENOY
JOMOL PIUS
P.ROHIT PREMANANDAN SHENOY
EBIN MATHEW
SILESH S. PRABHU
SAMBHU NARAYANAN S.
RESPONDENTS:
1 THE DISTRICT COLLECTOR , ERNAKULAM
ERNAKULAM, COLLECTORATE, CIVIL STATION,
KAKKANAD, PIN -682 030.
2 CITY RATIONING OFFICER,
CITY RATIONING OFFICE, NORTH SHOPPING COMPLEX,
NO.41/1717, NORTH RAILWAY STATION ROAD,
NORTH P.O., ERANAKULAM-682018.
3 THE DISTRICT SUPPLY OFFICER,
CIVIL STATION, KAKKANAD, KAKKANAD P.O.,
ERANAKULAM DISTRICT ,PIN-682030
AVD.B.S.SYAMANTHAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.41756/2022
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.41756 of 2022
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Dated this the 24th day of May, 2023
JUDGMENT
This writ petition is filed with following prayers:
i. A writ of certiorari or any other writ, direction or
order quashing Exts.P7 and P8 orders issued by
the 2nd and 3rd respondents.
ii. A writ of mandamus or any other appropriate
writ, order or direction, directing the respondents
to reinstate the authority given to the petitioner
to run ration shop bearing No. ARD 65 under the
2nd respondent and to restore the food grains and
e pose machine and registers taken away from
him.
iii. Grant such other reliefs as are deemed fit and
proper in the facts and the circumstances of the
case.
iv. Petitioner also prays that this Hon'ble Court may
be pleased to dispense with the translation of the
documents produced in the Vernacular Language.
(SIC)
2. Petitioner was a licensee of a Ration Shop, ARD
No.65, under the jurisdiction of the 2nd respondent. The
WP(C).No.41756/2022
petitioner had been conducting the said ration shop for last
several years, without any complaints from any side is the
submission. Alleging that the petitioner had been intending to
transfer packets of rationed articles to other shops, police
registered an FIR against the petitioner. On the basis of the
same, the 2nd respondent conducted an inspection and
suspended the license of the petitioner for conducting the
ration shop on 21.03.2022, as evident by Ext.P1. According to
the petitioner, he is innocent of the offence alleged against
him and he had already taken bail in the said case. Ext.P2 is
the bail order. It is the submission of the petitioner that, after
waiting for about 6 months expecting corrective steps, nothing
was done after Ext.P1 and the petitioner had personally
approached respondents 1 to 3 seeking to recall the
suspension order and for permission to reopen this ration shop
on 07.06.2022. But no action was taken is the grievance of the
petitioner. Since no action has been taken, the petitioner filed
a representation before the 2nd respondent, as evident by
Ext.P3. Subsequently the petitioner filed W.P.(C).
No.36541/2022 before this Court. It is the submission of the
WP(C).No.41756/2022
petitioner that on 15.11.2022, when the above writ petition
came up for consideration, this Court directed the Government
Pleader to get instructions in the above writ petition.
Thereafter Ext.P4 charge memo was issued on 26.11.2022.
The petitioner had given a reply to the charge memo on
29.11.2022 as evident by Exts.P5 and P6. Thereafter the 3 rd
respondent, without considering any of the objections raised
by the petitioner, passed Ext.P7 order is the submission.
Consequential order was passed by the 3rd respondent as
evident by Ext.P8. Aggrieved by Exts.P7 and P8, this writ
petition is filed.
3. Heard the learned counsel for the petitioner and
the learned Government Pleader.
4. The counsel for the petitioner raised a short point.
The counsel submitted that as per the Kerala Targeted Public
Distribution - System (Control) Order, 2021 (for short, Order
2021), the proceedings relating to disciplinary action provided
under Clause 49(1) shall be concluded within six months or
within the period as determined by the Government from time
to time. It is submitted that the impugned order is passed in
violation of the above provision. The petitioner also submitted
WP(C).No.41756/2022
that the above provision is not adverted by the authority
concerned while issuing Exts.P7 and P8 orders. The counsel
also takes me through Ext.P10 order passed by the District
Supply Officer in which in similar situation parties were
directed to deposit cost of the articles seized. The Government
Pleader also takes me through Clause 49(3) of Order 2021.
5. This Court considered the contentions of the
petitioner and the Government Pleader. This Court perused
Exts.P7 and P8. A perusal of Exts.P7 and P8 would not show
that it is an order passed after adverting to Clause 49(2) of
Order 2021. It will be better to extract Clause 49(2) of Order
2021:
"Proceedings relating to disciplinary action provided
under sub-para (1) above shall be concluded within six
months or within the period as determined by the
Government from time to time. "
6. I am of the considered opinion that the 3 rd
respondent has to reconsider the matter after adverting to
Clauses 49(2) and 49(3) of Order 2021.
Therefore, this writ petition is allowed in the following
manner:
1. Exts.P7 and P8 are set aside.
WP(C).No.41756/2022
2. The 3rd respondent is directed to reconsider the
matter and pass appropriate orders in
accordance with law, after affording an
opportunity of hearing to the petitioner and also
adverting to Clause 49 of the Kerala Targeted
Public Distribution - System (Control) Order,
2021, as expeditiously as possible, at any rate,
within one month from the date of receipt of a
stamped certified copy of this judgment.
3. While deciding the matter, the 3rd respondent
will also consider Ext.P10 order.
4. All the contentions raised by the petitioner in
this writ petition are left open.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C).No.41756/2022
APPENDIX OF WP(C) 41756/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF ORDER BEARING NUMBER
A2-232/2022 DATED 21.3.2022 ISSUED BY
THE 2ND RESPONDENT.
Exhibit P2 TRUE PHOTOCOPY OF ORDER DATED
30/3/2022 IN CMP.NO.351/2022 IN CRIME
NO.295/2022, MATTANCHERY POLICE
STATION, PASSED BY THE JUDICIAL FIRST
CLASS MAGISTRATE, MATTANCHERY.
Exhibit P3 TRUE PHOTOCOPY OF REPRESENTATION
SUBMITTED BY PETITIONER TO THE 2ND
RESPONDENT DATED 27.10.22.
Exhibit P4 TRUE PHOTOCOPY OF CHARGE MEMO DATED
26/11/2022 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P5 TRUE PHOTOCOPY OF REPLY ISSUED BY THE
PETITIONER TO THE 3RD RESPONDENT.
Exhibit P6 TRUE PHOTOCOPY OF ADDITIONAL REPLY
ISSUED TO THE CHARGE MEMO ALONG WITH
A/C CARD.
Exhibit P7 TRUE PHOTOCOPY OF PROCEEDINGS BEARING
NO. DSOEKM/177/2022CS5 DATED
12/12/2022.
Exhibit P8 TRUE PHOTOCOPY OF THE ORDER DATED
12/12/2022 ISSUED BY THE AND 2ND
RESPONDENT.
Exhibit P9 TRUE PHOTOCOPY OF THE ORDER DATED
9.1.2023
Exhibit P10 TRUE PHOTOCOPY OF THE ORDER IN
PROCEEDINGS BEFORE THE 3RD RESPONDENT
DATED 17/10/2019 WITH REGARDS TO SHOP
RESPONDENT EXHIBITS
Exhibit R3(a) A true copy of the letter no.
CROKCH/326/2022-A2 dated 23.11.2022
from City Rationing Officer, Kochi.
