Kerala High Court
G. Rajendran vs The Commissioner Of Civil Supplies And ... on 17 February, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:13168
W.P.(C)No.42056 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 17TH DAY OF FEBRUARY 2025 / 28TH MAGHA, 1946
WP(C) NO. 42056 OF 2024
PETITIONER:
G. RAJENDRAN
AGED 63 YEARS
S/O.GOPALA PILLAI, MANIMALETHU, MALAKKARA P.O.,
ARANMULA, PATHANAMTHITTA, PIN - 689532
BY ADVS.
D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENTS:
1 THE COMMISSIONER OF CIVIL SUPPLIES AND CONSUMER AFFAIRS
COMMISSIONERATE OF CIVIL SUPPLIES AND CONSUMER AFFAIRS,
PUBLIC OFFICE COMPLEX, THIRUVANANTHAPURAM, PIN - 695033
2 THE DISTRICT SUPPLY OFFICER
4TH FLOOR, DISTRICT COLLECTORATE, PATHANAMTHITTA,
PIN - 689645
3 THE TALUK SUPPLY OFFICER
KOZHENCHERRY TALUK, KOZHENCHERRY, PATHANAMTHITTA,
PIN - 689641
BY ADV.
GP SRI B S SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C)No.42056 of 2024
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C.S.DIAS,J
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W.P.(C).No. 42056 of 2024
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Dated this the 17th day of February, 2025
JUDGMENT
The writ petition is filed, inter alia, to direct the
respondents 2 and 3 not to proceed with further steps
to grant license to third parties, with respect to Fair
Price Shop No.2 (erstwhile ARD No.2) of the Aranmula
Panchayat in Kozhencherry Taluk, till the finalization
of Ext.P9 representation submitted by the petitioner.
2. The petitioner was a full time salesman of
ARD No.2 of Aranmula Panchayat from 01.09.1988,
onwards. The original licensee had surrendered the
license to her daughter and the petitioner continued to
work as a salesman as reflected in Ext.P5. The new
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licensee had also expressed her unwillingness to
continue with the ration shop due to her physical
ailments. Accordingly, ARD No.2 merged with ARD
No.8. The petitioner continued as full time salesman in
ARD No.8 as well. As per clause 37 (5) of Ext.P7 order,
if a Fair Price Shop owner is incapable of running the
ration business and his legal heirs are not willing to
continue the ration business, the license can be
granted to the salesman having ten years of
experience. Therefore, the petitioner is eligible to be
awarded with the license, in accordance with the
provisions of the KTPDSO. Consequently, the
petitioner has submitted Ext.P9 representation before
the competent among the respondents on 06.11.2024.
However, the said representation has not been
considered till date. Hence, the writ petition.
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3. Heard; the learned counsel appearing for the
petitioner and the learned Government Pleader.
4. On a consideration of the facts and the
materials of record, particularly the assertion in the
writ petition that the petitioner is continuing as a
salesman of ARD No.2 from 01.09.1988 and continues
to work as the salesman of the merged ARD No.8, and
further the entitlement to run the Fair Price Shop,
without expressing anything on the merits of the
matter, I am satisfied that the competent among the
respondents 2 and 3 are to directed to take a decision
on Ext.P9 representation.
In the result, I direct the competent among the
respondents 2 and 3 to consider and dispose of Ext.P9
representation, in accordance with law and as
expeditiously as possible, at any rate, within a period
of 60 days from the date of receipt/production of a
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certified copy the judgment, after affording the
petitioner an opportunity of being heard. Until such
time a decision is taken in the matter, no further steps
to grant license with respect to the Fair Price Shop
No.2 of the Aranmula Panchayat shall stand deferred.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
SCB.17.02.25.
2025:KER:13168
APPENDIX OF WP(C) 42056/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NO.CS3.765/88
DATED 12.7.88 ISSUED BY THE 2ND RESPONDENT
APPOINTING SMT. K.K. JANAKI AMMA AS THE ARD
(AUTHORIZED RETAIL DISTRIBUTOR)
EXHIBIT P2 TRUE COPY OF THE REGISTER SHOWING THE NAMES
OF SALESMEN IN ARD NO.2 OF KOZHENCHERRY
TALUK DATED 1.9.1988 ISSUED BY THE 3RD
RESPONDENT
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS NO. CS3-
4236/01 DATED 15.11.2001 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS CS2-1363/01
DATED 20.11.2001 OF THE 3RD RESPONDENT
EXHIBIT P5 TRUE COPY OF THE REGISTER SHOWING THE NAMES
OF SALESMEN IN ARD NO.2 OF KOZHENCHERRY
TALUK DATED 22.1.2010 ISSUED BY THE 3RD
RESPONDENT
EXHIBIT P6 TRUE COPY OF THE REGISTER SHOWING THE NAMES
OF SALESMEN IN ARD NO.8 OF KOZHENCHERRY
TALUK DATED 27.3.2017 ISSUED BY THE 3RD
RESPONDENT
EXHIBIT P7 TRUE COPY OF THE RELEVANT EXTRACT OF G.O.
(P) NO. 05/2021/F&CSD DATED 18.2.2021
PUBLISHED IN THE KERALA GAZETTE DATED
25.2.2021
EXHIBIT P8 TRUE COPY OF THE CERTIFICATE
NO.TSOKZY/443/2024-CS3 DATED 28.10.2024
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED
6.11.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
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RESPONDENT EXHIBITS
EXHIBIT R2(A) TRUE COPY OF THE PROCEEDINGS NO. CS2-
2047/16 DATED 24.03.2017 OF TALUK SUPPLY
OFFICER, KOZHANCHERRY
EXHIBIT R2(B) TRUE COPY OF THE ORDER NO. CS3-1091/17
DATED 21.12.2019 OF DISTRICT SUPPLY
OFFICER, PATHANAMTHITTA
