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Mustafa A.P vs State Of Kerala
2024 Latest Caselaw 27364 Ker

Citation : 2024 Latest Caselaw 27364 Ker
Judgement Date : 11 September, 2024

Kerala High Court

Mustafa A.P vs State Of Kerala on 11 September, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                      1

   W.P.(C.) No. 21411 of 2024

                                                       2024:KER:69881
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                    THE HONOURABLE MR.JUSTICE V.G.ARUN

   WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946

                           WP(C) NO. 21411 OF 2024

PETITIONER:

            MUSTAFA A.P.
            AGED 42 YEARS
            S/O KUNHADRU, ARIKKATTUPARAMBIL, VAIRANKODE, PALLAR,
            THIRUNAVA, MALAPPURAM, KERALA, PIN - 676301

            BY ADVS.
            GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
            MANU SRINATH
            NIMESH THOMAS
            LIJO JOHN THAMPY
            SAURAV VINOD


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY, DEPARTMENT OF FOOD,
            CIVIL SUPPLIES AND CONSUMER AFFAIRS, GOVERNMENT
            SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2       COMMISSIONER OF CIVIL SUPPLIES AND CONSUMER AFFAIRS
            PUBLIC OFFICE BUILDING, NEAR MUSEUM, VIKAS BHAVAN P.O.
            THIRUVANANTHAPURAM, PIN - 695033

    3       DISTRICT COLLECTOR
            COLLECTORATE, MALAPPURAM, PIN - 676505

    4       DISTRICT SUPPLY OFFICER
            OFFICE OF DISTRICT SUPPLY OFFICER, NEAR PWD REST HOUSE,
            KAVUNKAL, MALAPPURAM, PIN - 676505

    5       TALUK SUPPLY OFFICER
            TALUK SUPPLY OFFICE, TIRUR, PIN - 676101
                                    2

   W.P.(C.) No. 21411 of 2024

                                                      2024:KER:69881
    6       PRESIDENT
            THIRUNAVAYA GRAMA PANCHAYATH, THIRUNAVAYA P.O.,
            MALAPPURAM DISTRICT, PIN - 676301

    7       NAFEESA K.
            LICENSEE FPS 2054116, KALLAN HOUSE, SOUTH PALLAR,
            KASAVANCODE P.O., THIRUNAVAYA, PIN - 676301

            BY ADVS.
            K.P.Shereef
            H.NUJUMUDEEN(K/1075/2009)
            ABDUL AHAD K.(K/000273/2017)

            SRI. P.S.APPU, GP
            SRI. K.J. SAJI ISAAC


     THIS WRIT PETITION (CIVIL) HAVING COME BEEN FINALLY HERAD ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                  3

W.P.(C.) No. 21411 of 2024

                                                     2024:KER:69881


                    V.G.ARUN, J.
       ============================
              W.P.(C.) No. 21411 of 2024
       ============================
      Dated this the 11th day of September, 2024

                             JUDGMENT

(Choondikkal) in Thirunavaya Grama Panchayath. This

writ petition is filed aggrieved by Ext. P2 order, shifting of

Fair Price Shop No. 2054116, in the name of the 7 th

respondent, from Ward No. 21 (Choondikkal) to Ward No.

16 of Thirunavaya Grama Panchayath. The petitioner's

objection against the shifting was rejected by Ext.P2 order.

Aggrieved, the petitioner preferred Ext.P9 appeal, which

also stands rejected by Ext.P10 order. Petitioner has taken

up the matter further, by filing Ext.P11 revision petition as

provided under Clause 63 of the Kerala Targeted Public

Distribution System (Control) Order 2021.

2. Learned counsel for the petitioner submits that,

for the present, the petitioner will be satisfied with a

direction to consider Ext.P11 expeditiously.

2024:KER:69881

3. Heard, learned Standing Counsel for

Thirunavaya Grama Panchayath and the learned

Government Pleader.

In view of the limited relief sought, the writ

petition is disposed of, directing the 1 st respondent to

consider and pass a reasoned order on Ext.P11 within two

months, after affording an opportunity of hearing to the

petitioner and other affected persons, if any.

Sd/-

V.G.ARUN

JUDGE

sjb/13-9

2024:KER:69881 APPENDIX OF WP(C) 21411/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF RATION CARD NO.2054231553 ISSUED IN THE NAME OF THE WIFE OF THE PETITIONER Exhibit P2 A TRUE COPY OF ORDER NO. DSOMLP/1195/2022-CS10 DATED 10.04.2023 OF THE 4TH RESPONDENT Exhibit P3 A TRUE COPY OF COMMUNICATION NO. CCS/4216/2020 DATED 17.03.2022 Exhibit P4 A TRUE COPY OF LETTER NO. DSOMLP/1322/2022-CS10 DATED 13.09.2022 Exhibit P5 A TRUE COPY OF REPORT NO. CS10/932/21 DATED 25.09.2021 OF THE 4TH RESPONDENT Exhibit P6 A TRUE COPY OF APPLICATION FOR CHANGE IN BUSINESS PLACE SUBMITTED BY THE 7TH RESPONDENT AND RECOMMENDED BY THE RATIONING INSPECTOR Exhibit P7 A TRUE COPY OF LETTER DATED 03.03.2023 ISSUED BY THE PRESIDENT OF THIRUNAVAYA GRAMA PANCHAYATH TO THE 4TH RESPONDENT RECOMMENDING SHIFTING OF FAIR

Exhibit P8 A TRUE COPY OF G.O.(RT.) NO. 659/2023/LSGD DATED 20.03.2023 Exhibit P9 A TRUE COPY OF APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P10 A TRUE COPY OF THE ORDER NO. DCMPM/7528/2023-L1 DATED 03.01.2024 OF DISTRICT COLLECTOR, MALAPPURAM Exhibit P11 A TRUE COPY OF THE REVISION PETITION DATED 18.03.2024 FILED BEFORE THE 1ST RESPONDENT ALONG WITH THE RECEIPT EVIDENCING THE SAME Exhibit P12 A TRUE COPY OF THE ACKNOWLEDGMENT CARD DATED 22.03.2024 RECEIVED FROM THE 1ST RESPONDENT

RESPONDENTS' EXHIBITS:NIL

//TRUE COPY//

P.A. TO JUDGE

 
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