M.K.George vs The District Collector
2023 Latest Caselaw 11501 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                      WP(C) NO. 36135 OF 2023
PETITIONER:

             M.K.GEORGE
             AGED 67 YEARS
             SALESMAN, FPS NO.180 (ARD NO.180), WARD NO.XV,
             KOCHERIL BUILDING, NALUNNIAKKAL.P.O. VAKATHANAM
             GRAMA PANCHAYATH, RESIDING AT PAZHAMCHIRAMOOLAYIL,
             PUTHENCHANTHA.P.O., VAKATHANAM,, PIN - 686538
             BY ADV V.S.AFSAL KHAN


RESPONDENTS:

     1       THE DISTRICT COLLECTOR
             KOTTAYAM COLLECTORATE, KOTTAYAM, PIN - 686002
     2       THE DISTRICT SUPPLY OFFICER
             OFFICE OF THE DISTRICT SUPPLY OFFICER, CIVIL
             STATION, KOTTAYAM, PIN - 686002
     3       THE TALUK SUPPLY OFFICER
             OFFICE OF THE TALUK SUPPLY OFFICER, CHANGANACHERRY,
             PIN - 686101
             SMT.VIDYA KURIAKOSE, GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.11.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.36135 OF 2023

                               2




                         JUDGMENT

The petitioner impugns Ext.P2 order, whereby, his

licence to operate authorised 'Fair Price Shop' (FPS) has been

denied on various grounds, including that he does not have

requisite experience as the 'Salesman'.

2. Sri.Afsal Khan V.S. - learned counsel for the

petitioner, however, submits that his client is 67 years in age

and has more than ten years of experience as 'Salesman';

thus bringing him within the parameters prescribed for being

granted a licence. He submitted that his client has, therefore,

preferred Ext.P3 representation before the District Collector;

and alternatively seeks that same may be directed to be

taken up and disposed of without any avoidable delay,

particularly because, his client and family are now without

any other alternate means of livelihood.

3. Smt.Vidya Kuriakose - learned Government

Pleader, in response, submitted that one of the reasons why

Ext.P2 has been issued is because the petitioner does not

have the requisite amount of experience as 'Salesman. She

submitted that, in any event, after Ext.P2, the cards allotted WP(C) NO.36135 OF 2023

to the 'ARD' in question have already been distributed to

others; and therefore, that if this Court is so inclined, then

the 1st respondent - District Collector will consider Ext.P3; but

prayed that no interim interdiction against Ext.P2 be ordered

at this stage.

4. There is some force in the submissions of

Smt.Vidya Kuriakose because, if the petitioner's experience is

not within the stipulated limits, then obviously, the Authorities

would be justified in having refused his licence. However, this

is a question of fact, because, the petitioner asserts to the

contrary and says that he has more than ten years of

experience. This is something which he will have to establish

before the 1st respondent - District Collector appropriately, for

which, I am certain that Ext.P3 must be decided without any

avoidable delay, taking note of the fact that petitioner says

that he is without any other means of livelihood.

5. In the afore circumstances, I direct the 1 st

respondent - District Collector to take up Ext.P3

representation of the petitioner and dispose of the same

within a period of ten days from the date of receipt of a copy

of this judgment. To enable this, the petitioner will appear WP(C) NO.36135 OF 2023

before the 1st respondent -District Collector at 11.00 A.M on

10.11.2023, with all documents in his possession to establish

the experience and other requisite credentials; based on

which, said Authority will take a final decision and

communicate the order to the petitioner within the afore time

frame.

This Writ Petition is thus ordered.

Sd/- DEVAN RAMACHANDRAN, JUDGE lsn WP(C) NO.36135 OF 2023

APPENDIX OF WP(C) 36135/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTER SHOWING THE NAME OF THE PETITIONER AS SALESMAN Exhibit P2 TRUE COPY OF THE ORDER NO.DSOKTM/1331/2022-CS8 DATED 13.9.2023 AND THE SAME IS OBTAINED THROUGH CIVIL SUPPLIES WEBSITE.

Exhibit P3 TRUE COPY OF THE PETITION DATED 31.10.2023 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE LSN