Kerala High Court
Nirmala Gopalakrishnan vs State Of Kerala on 1 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:47742
WP(C) NO. 24077 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
WP(C) NO. 24077 OF 2025
PETITIONER:
NIRMALA GOPALAKRISHNAN
AGED 69 YEARS
W/O N. GOPALAKRISHNAN, RANI VIHAR HOUSE,
NADUVILEMURI, BHARANIKAVU VILLAGE, MAVELLIKARA
TALUK, ALAPPUZHA, PIN - 690503
BY ADV SRI.M.R.SARIN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF FOOD, CIVIL SUPPLIES & CONSUMER
AFFAIRS KERALA GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 CIVIL SUPPLIES PUBLIC OFFICE BUILDING, PALAYAM,
THIRUVANANTHAPURAM THE COMMISSIONERATE OF CIVIL
SUPPLIES
CIVIL SUPPLIES PUBLIC OFFICE BUILDING, PALAYAM,
THIRUVANANTHAPURAM, PIN - 695033
3 THE DEPUTY CONTROLLER OF RATIONING (SOUTH
ZONE),
KOLLAM, OFFICE OF THE DEPUTY CONTROLLER OF
RATIONING (SOUTH ZONE), CIVIL SUPPLIES COMPLEX,
CANTONMENT.P.O, KOLLAM, PIN - 691001
4 THE DISTRICT SUPPLY OFFICER,
DISTRICT SUPPLY OFFICE, CIVIL STATION,
ALAPPUZHA, PIN - 688013
2025:KER:47742
WP(C) NO. 24077 OF 2025
2
5 THE TALUK SUPPLY OFFICER,
MAVELLIKARA, TALUK SUPPLY OFFICE, MINI CIVIL
STATION, SECOND FLOOR, THEKKEVILAYIL,
MAVELIKARA, ALAPPUZHA DISTRICT, PIN - 690101
6 THE RATION INSPECTOR
BHARANIKKAVU, MAVELLIKKARA TALUK, ALAPPUZHA,
PIN - 690503
BY ADV.SMT.K.AMMINIKUTTY, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:47742
WP(C) NO. 24077 OF 2025
3
N. NAGARESH, J.
----------------------
W.P.(C) No.24077 of 2025
------------------------------
Dated this the 1st day of July, 2025
JUDGMENT
Admit.
2. Government Pleader takes notice for the
respondents.
3. The petitioner states that she is aggrieved by
the non- consideration of representation filed by the petitioner
before the 3rd respondent. The petitioner was running an
ARD Depot No.193/Ration shop which is located in South of
Nirmalaya Auditorium, Olakettiyambalam, Mavelikara Taluk,
Alappuzha District. The petitioner has been running the ration
shop since 2002 after the death of her husband. The
petitioner worked as a sales women in the same depot for 20
years.
2025:KER:47742
WP(C) NO. 24077 OF 2025
4. The petitioner was attached to the same
depot for more than 40 years. The petitioner's only income is
from the ration shop. On 23.04.2025,the 3rd respondent's
team visited the petitioner's ration depot and conducted an
inspection. A notice was issued to the petitioner on
25.04.2025 stating that the license of the petitioner has been
temporarily cancelled as irregularities were detected in the
physical stock. Excess stock of kuthari and puzhakalari was
found in the depot which was illegally confiscated from the
beneficiaries and stored in the shop to be distributed to the
needy persons, out of state employees and to be sold in the
black market.
5. On 26.04.2025, the petitioner received a
notice from the 5th respondent. As per Ext.P1 notice of the
3rd respondent, the license of the petitioner's ration depot is
temporally cancelled. Thereafter on 23.06.2025, the petitioner
filed representation before the 3rd respondent requesting to
withdraw the suspension of the ARD depot No.193/ration
2025:KER:47742
WP(C) NO. 24077 OF 2025
shop of the petitioner, as the petitioner's ration shop is being
closed for more than 2 months. No one has tried to present
and hear the petitioner till date.
6. The petitioner is attached to the same depot
for more than 40 years. No allegations have been made by
any of the local card holders against the petitioner or her late
husband. Even after 2 months from 23.04.2025, the petitioner
was not heard by any of the respondents. The ration shop is
the only livelihood to the petitioner. The closure has caused
irreparable suffering and loss to the petitioner as well as 450
card holders.
7. Senior Government Pleader entered
appearance and resisted the writ petition. Senior Government
Pleader pointed out that complaints have been received
against the petitioner in the matter of conduct of the ration
shop. The allegations in the complaints were serious in
nature. It was pursuant to the said complaints that an enquiry
was ordered. The Taluk Supply Officer deemed it fit to make
2025:KER:47742
WP(C) NO. 24077 OF 2025
temporary cancellation of the licence of the petitioner. Senior
Government Pleader, however, submitted that if Ext.P3
representation has been filed by the petitioner and if it is
received and pending, the same can be considered by the
Regional Rationing Deputy Controller, in accordance with law.
8. The writ petition, is therefore, disposed of
directing the 3rd respondent to consider Ext.P3 and take
appropriate decision thereon, within a period of four months.
Sd/-
N. NAGARESH
JUDGE
Mn
2025:KER:47742
WP(C) NO. 24077 OF 2025
APPENDIX OF WP(C) 24077/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LICENSE
CANCELLATION NOTICES NO
DYCRSZ/99/2025-C ISSUED TO THE
PETITIONER BY THE 3RD RESPONDENT DATED
25.04.2025
ExhibitP2 THE TRUE COPY OF THE NOTICE NO
TSOMVK/287/2025-CS2 ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER DATED
26.04.2025
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION
FILED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT DATED 23.06.2025
