Kerala High Court

O Sheela Rani vs The District Supply Officer on 20 September, 2023

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 20TH DAY OF SEPTEMBER 2023 / 29TH BHADRA, 1945
                      WP(C) NO. 19977 OF 2022
PETITIONER:
           E.K.SURESH BABU, S/O KRISHNAN NAIR,
           THEKEY MAYILATIL,MAYOORAM HOUSE,
           P.O. PARAL KODIYERI,THALASSERY - 670001

          BY ADVS.
          C.K.PAVITHRAN
          NEENU PAVITHRAN
          K.S.PRAVEEN


RESPONDENTS:
     1     THE DISTRICT SUPPLY OFFICER
           THAVAKKARA , KANNUR P.O. KANNUR,
           PIN - 670002

    2     THE TALUK SUPPLY OFFICER
          2ND FLOOR, MINI CIVIL STATION ,
          THALASSERY, PIN - 670001

    3     THE TALUK SUPPLY OFFICER
          THAVAKKARA, KANNUR, PIN - 670002

    4     THE TALUK SUPPLY OFFICER, NERAMBOKE ROAD,
          BALAKANDI BUILDING IRITTY, PIN - 670703

    5     THE COMMISSIONER OF CIVIL SUPPLIES
          PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM,
          PIN - 695001

    6     GOVERNMENT OF KERALA, REPRESENTED BY ITS
          SECRETARY TO GOVERNMENT, FOOD, CIVIL SUPPLIES
          AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

          SMT. VIDYA KURIAKOSE - GP
          SRI.SANTHOSH PETER (MAMALAYIL) - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.09.2023, ALONG WITH WP(C) 20048/2022, 20389/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 19977/22 & connected
                                          2



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 20TH DAY OF SEPTEMBER 2023 / 29TH BHADRA, 1945
                           WP(C) NO. 20048 OF 2022
PETITIONER:

            O SHEELA RANI, W/O LATE M.K.JAYARAJAN,
            DEVI PADMAM, CHOCKLI P.O(VIA),
            THALASSERY, PIN - 670672

            BY ADVS.
            C.K.PAVITHRAN
            NEENU PAVITHRAN
            K.S.PRAVEEN


RESPONDENTS:

     1      THE DISTRICT SUPPLY OFFICER, THAVAKKARA ,
            KANNUR P.O. KANNUR, PIN - 670002

     2      THE TALUK SUPPLY OFFICER, 2ND FLOOR,
            MINI CIVIL STATION, THALASSERY, PIN - 670001

     3      THE COMMISSIONER OF CIVIL SUPPLIES
            PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM,
            PIN - 695001

     4      GOVERNMENT OF KERALA, REPRESENTED BY ITS
            SECRETARY TO GOVERNMENT, FOOD, CIVIL SUPPLIES
            AND CONSUMER AFFAIRS DEPARTMENT,SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

            BY ADV. VIDYA KURIAKOSE - GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.09.2023,    ALONG     WITH    WP(C)NO.19977/2022   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 19977/22 & connected
                                          3



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 20TH DAY OF SEPTEMBER 2023 / 29TH BHADRA, 1945
                           WP(C) NO. 20389 OF 2022
PETITIONER:

            VIJAYA TRADING COMPANY, REPRESENTED BY ITS
            PARTNER MAHESH KUMAR KP, VIJAYA TRADING COMPANY,
            MAIN ROAD, THALASSERY, PIN - 670101

            BY ADVS.
            C.K.PAVITHRAN
            NEENU PAVITHRAN
            K.S.PRAVEEN


RESPONDENTS:

     1      THE DISTRICT SUPPLY OFFICER, CIVIL STATION,
            THAVAKKARA, KANNUR, PIN - 670002

     2      THE TALUK SUPPLY OFFICER, 2ND FLOOR, MINI CIVIL
            STATION, THALASSERY, PIN - 670001

     3      THE COMMISSIONER OF CIVIL SUPPLIES
            PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM,
            PIN - 695001

     4      GOVERNMENT OF KERALA, REPRESENTED BY ITS
            SECRETARY TO GOVERNMENT, FOOD, CIVIL SUPPLIES
            AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

            BY ADV. VIDYA KURIAKOSE - GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.09.2023,    ALONG     WITH    WP(C)NO.19977/2022   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 19977/22 & connected
                                          4



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 20TH DAY OF SEPTEMBER 2023 / 29TH BHADRA, 1945
                           WP(C) NO. 20838 OF 2022
PETITIONER:

            SRUTHI SREEJAYAN, GOVIND NIKETAN, THIRUVANGAD P.O.,
            THALASSEERY TALUK, KANNUR, PIN - 670103

            BY ADVS.
            C.K.PAVITHRAN
            NEENU PAVITHRAN
            PRAVEEN K.S.


RESPONDENTS:

     1      THE DISTRICT SUPPLY OFFICER, CIVIL STATION,
            THAVAKKARA, KANNUR, PIN - 670002

     2      THE TALUK SUPPLY OFFICER , 2ND FLOOR, MINI CIVIL
            STATION, THALASSERY, PIN - 670001

     3      THE COMMISSIONER OF CIVIL SUPPLIES,
            PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM,
            PIN - 695001

     4      GOVERNMENT OF KERALA, REPRESENTED BY ITS
            SECRETARY TO GOVERNMENT , FOOD, CIVIL SUPPLIES
            AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

            BY ADV. VIDYA KURIAKOSE - GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.09.2023,    ALONG     WITH    WP(C)NO.19977/2022   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 19977/22 & connected
                                          5



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 20TH DAY OF SEPTEMBER 2023 / 29TH BHADRA, 1945
                           WP(C) NO. 20853 OF 2022
PETITIONER:

            SAJITHA A., AK HOUSE, ARALAM PO, (VIA) PAYAM,
            KANNUR, PIN - 670704

            BY ADVS.
            C.K.PAVITHRAN
            NEENU PAVITHRAN
            K.S.PRAVEEN


RESPONDENTS:

     1      THE DISTRICT SUPPLY OFFICER, CIVIL STATION,
            THAVAKKARA, KANNUR, PIN - 670002

     2      THE TALUK SUPPLY OFFICER, BALAKKANDI BUILDING,
            NERAMBOKKU, IRUTTY, PIN - 671002

     3      THE COMMISSIONER OF CIVIL SUPPLIES, PUBLIC OFFICE
            BUILDINGS, THIRUVANANTHAPURAM, PIN - 695001

     4      GOVERNMENT OF KERALA, REPRESENTED BY ITS
            SECRETARY TO GOVERNMENT, FOOD, CIVIL SUPPLIES
            AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

            BY ADV. VIDYA KURIAKOSE - GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.09.2023,    ALONG     WITH    WP(C)NO.19977/2022   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 19977/22 & connected
                                          6



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 20TH DAY OF SEPTEMBER 2023 / 29TH BHADRA, 1945
                           WP(C) NO. 22479 OF 2022
PETITIONER:

            R. P. GOVINDAN AND CO., WHOLESALE DEALER,
            AWD NO 21, PILAKOOL ,THALASSERY, PIN- 670102
            REPRESENTED BY ITS MANAGING PARTNER
            K. P. HARISH NARAYANAN.

            BY ADVS.
            C.K.PAVITHRAN
            NEENU PAVITHRAN


RESPONDENTS:

     1      THE DISTRICT SUPPLY OFFICER, CIVIL STATION ,
            THAVAKKARA, KANNUR, PIN - 670002

     2      THE TALUK SUPPLY OFFICER, 2ND FLOOR, MINI CIVIL
            STATION, THALASSERY, PIN - 670001

     3      THE COMMISSIONER OF CIVIL SUPPLIES
            PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM,
            PIN - 695001

     4      GOVERNMENT OF KERALA, REPRESENTED BY ITS
            SECRETARY TO GOVERNMENT, FOOD, CIVIL SUPPLIES
            AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001

             BY ADV. VIDYA KURIAKOSE - GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.09.2023,    ALONG     WITH    WP(C)NO.19977/2022   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 19977/22 & connected
                                           7

                               JUDGMENT

[WP(C) Nos.19977/2022, 20048/2022, 20389/2022, 20838/2022, 20853/2022, 22479/2022]

Even though there are various assertions, averments and

allegations made and urged in these Writ Petitions, the fact remains

that quantification of the amounts eligible to the petitioners, as

claimed by them, cannot be done by this Court, while acting under

Article 226 of the Constitution of India, on account of the well

recognised constraints of jurisdiction in entering into assessment of

documentary and factual inputs.

2. Smt.Vidya Kuriakose - learned Government Pleader,

submitted that if the petitioners are so agreeable, the Commissioner

of Civil Supplies can hear each of them and assess their documents,

to verify the quantum of amounts due to them. She explained that

she is making this submission because the said Authority can have

access to all relevant materials, so as to take a decision on the

amounts that are liable to be paid to them by the Government, if

any. She submitted that if this Court allow this course, then the said

Authority will complete it without any avoidable delay. WPC 19977/22 & connected

3. Smt.Neenu Pavithran - learned counsel for the petitioners,

acceded to the afore suggestion; but prayed that, during the afore

exercise, each of her clients be ordered to be afforded opportunity of

being heard and to produce all relevant documents, including

statements of account. She further prayed that the Civil Supplies

Department be directed to give them a statement in return, if there

is any dispute.

Taking note of the afore submissions, I allow these Writ

Petitions and direct the Commissioner of Civil Supplies to hear the

petitioners and take a decision on their claims, as impelled in these

cases, after assessing their contentions and the documents to be

produced, as also after favouring them with statements of accounts,

as are prepared by the Department; thus culminating in an

appropriate order and necessary action thereon, as expeditiously as is

possible, but not later than three months from the date of receipt of

a copy of this judgment.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                                    JUDGE
 WPC 19977/22 & connected


                     APPENDIX OF WP(C) 20048/2022

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE STATEMENT DATED NIL
Exhibit P2          TRUE COPY OF THE STATEMENT ADDRESSED TO

THE TALUK SUPPLY OFFICER, KANNUR DATED 09- 11-2018 Exhibit P3 TRUE COPY OF THE PETITION DATED 13.03.2021 Exhibit P4 TRUE COPY OF THE RECEIPT NUMBER 0249980 DATED 24.05.2022 FOR RS. 21128 Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 2-3-2022 IN W. P. (C ) NO. 20994/2021 WPC 19977/22 & connected

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE INSPECTION NOTE DATED 10.07.2017 SIGNED BY THE ASSISTANT TALUK SUPPLY OFFICER, THALASSERY Exhibit-P2 TRUE COPY OF THE STATEMENT SHOWING THE DETAILS IN RESPECT OF AMOUNT DUE FROM THE AWD TO THE STATE AND AMOUNT TO BE PAID TO THE WHOLESALE DEALERS BY THE GOVERNMENT Exhibit-P3 TRUE COPY OF THE RECEIPT DATED 24-05-2022 ISSUED BY THE 2ND RESPONDENT Exhibit-P4 TRUE COPY OF THE JUDGMENT DATED 02.03.2022 IN WP(C)20994/21 WPC 19977/22 & connected

PETITIONER EXHIBITS Exhibit- P 1 TRUE COPY OF THE MAHAZAR DATED 14.07.2017 Exhibit-P2 TRUE COPY OF THE STATEMENT ISSUED FROM THE OFFICER OF THE TALUK SUPPLY OFFICER, THALASSERY Exhibit- P3 TRUE COPY OF THE JUDGMENT DATED 02.03.2022 IN WP(C)20994/21 WPC 19977/22 & connected

APPENDIX OF WP(C) 22479/2022

PETITIONER EXHIBITS Exhibit- P1 TRUE COPY OF THE STATEMENT SHOWING THE DETAILS IN RESPECT OF AMOUNT DUE FROM THE AWD 21 TO THE STATE AND AMOUNT TO BE PAID TO THE WHOLESALE DEALERS BY THE GOVERNMENT Exhibit -P2 TRUE COPY OF THE JUDGMENT DATED 02.03.2022 IN WP(C)20994/21 WPC 19977/22 & connected

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE NOTICE DATED 29-01-2021 ISSUED BY THE TSO KANNUR Exhibit-P2 TRUE COPY OF THE RECEIPT THE NO. 557644 DATED 24-05-2022 ISSUED BY THE TALUK SUPPLY OFFICER Exhibit-P3 TRUE COPY OF THE STATEMENT ISSUED BY THE TSO Exhibit-P4 TRUE COPY OF THE LETTER DATED 13-06-2022 ISSUED BY THE TALUK SUPPLY OFFICER IRITTY Exhibit- P5 TRUE COPY OF THE JUDGMENT DATED 2-3-2022 IN W. P. (C ) NO. 20994/2021