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Kerala High Court
The Ottapalam Co-Operative Marketing ... vs State Of Kerala on 20 February, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2026:KER:15506
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
WP(C) NO. 6630 OF 2026
PETITIONER:
THE OTTAPALAM CO-OPERATIVE MARKETING-
SOCIETY LTD. NO. 526
OTTAPALAM, PALAKKAD DISTRICT
REPRESENTED BY ITS SECRETARY
SAMPREETH. P.
S/O. SREEKUMARAN (LATE),
RESIDING AT PANDARATHODIL HOUSE,
AMBALAVATTAM P.O., PANAMANNA,
PALAKKAD DISTRICT, PIN - 679101
BY ADVS.
SHRI.SANTHEEP ANKARATH
SMT.BHAVANA J. MENON
SMT.ARUNDHATI NAIR
SHRI.P.ANIRUDHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF FOOD,
CIVIL SUPPLIES AND CONSUMER AFFAIRS,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 COMMISSIONER OF CIVIL SUPPLIES & CONSUMER AFFAIRS
COMMISSIONERATE OF CIVIL SUPPLIES & CONSUMER
AFFAIRS, PUBLIC OFFICE BUILDING, NEAR MUSEUM,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN -
695033
3 KERALA CIVIL SUPPLIES CORPORATION LIMITED
(SUPPLYCO)
REPRESENTED BY ITS MANAGING DIRECTOR,
2026:KER:15506
W.P(C) No.6630 of 2026
-:2:-
MAVELI BHAVAN, GANDHI NAGAR, KOCHI, PIN - 682020
4 REGIONAL MANAGER (PALAKKAD)
KERALA CIVIL SUPPLIES CORPORATION LIMITED,
YAMBOO TOWERS, NEAR MALAYALA MANORAMA,
T.B. ROAD, PALAKKAD, PIN - 678014
5 FOOD CORPORATION OF INDIA (FCI)
REPRESENTED BY ITS REGIONAL MANAGER, KERALA
REGION, KESAVADASAPURAM, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM -, PIN - 695004
6 KERALA CIVIL SUPPLIES RATIONING CONTROLLER
COMMISSIONERATE OF CIVIL SUPPLIES,
PUBLIC OFFICE BUILDING, NEAR MUSEUM,
VIKAS BHAVAN P.O.
THIRUVANANTHAPURAM-, PIN - 695033
BY ADVS.
SRI.SANTHOSH PETER M,
STANDING COUNSEL -SUPPLYCO-
SRI.JOSE KURIAKOSE,
STANDING COUNSEL, FOOD CORPORATION OF
INDIA
SRI.RAJEEV JYOTHISH GEORGE,
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P(C) No.6630 of 2026
-:3:-
BECHU KURIAN THOMAS, J.
----------------------------------------
W.P(C) No.6630 of 2026
----------------------------------------
Dated this the 20th day of February, 2026
JUDGMENT
Petitioner is a Cooperative Society, which was engaged as a
distribution agent for ration commodities sourced from the Food
Corporation of India and Supplyco. According to the petitioner during
the period from 21.04.2017 to 14.09.2017, petitioner was engaged as a
transportation agent as well.
2. The petitioner contends that, there was a change in the
scheme, and by Exhibit-P1, petitioner was directed to return the stock
already handed over to it, for which amounts had also been paid by the
petitioner. Petitioner immediately complied with the direction. However,
the reimbursement of the amount already paid on account of the return
of the goods as well as the transportation charges was not carried out
by the respondents for the last several years. Despite repeated
requests, the respondents have avoided releasing the amounts due to
the petitioner. It is further alleged that despite the recommendation by
the 4th respondent, as per Exhibit-P7, the competent amongst
respondents 3 and 5 have not reimbursed the amount due to the
petitioner.
2026:KER:15506
3. I have heard the learned counsel for the petitioner, the
respecitive Standing Cousel for the respondents and the leared
Government Pleader.
4. Petitioner has submitted a representation before the 6th
respondent, who is the controlling authority as per Exhibit-P13 dated
05.04.2025. Despite the lapse of almost a year, the said respondent
has not taken a decision. Petitioner is hence subject to serious loss.
Even though the petitioner seeks for a direction to reimburse the
amount, considering the fact that Exhibit-P13 representation is pending
before the 6th respondent, I am of the view that this writ petition can
be disposed of with a direction.
Accordingly, there will be a direction to the 6th respondent to
consider Exhibit-P13 representation submitted by the petitioner, as
expeditiously as possible, at any rate, within a period of two months
from the date of receipt of a copy of this judgment, after granting an
opportunity of hearing to the petitioner as well as respondents 3 and 5.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
jka/20.02.26.
2026:KER:15506
APPENDIX OF WP(C) NO. 6630 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NUMBERED AS
F.7/15 DATED 24.04.2017 ISSUED BY
PATTAMBI TALUK SUPPLY OFFICER.
EXHIBIT P 2 TRUE COPY OF LETTER BEARING REF. NO.
10/2017-18/170 DATED 27.06.2017
SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT
EXHIBIT P3 TRUE COPY OF AGREEMENT DATED 21.04.2017
ENTERED BETWEEN THE PETITIONER AND THE
3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF LETTER BEARING
NO.EST.4.4673/17(2) DATED 13.09.2017
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER
EXHIBIT P 5 TRUE COPY OF LETTER DATED 15.09.2022
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT.
EXHIBIT P6 TRUE COPY OF LETTER BEARING NO.
DSOPKD/342/2022-CS 2 DATED 01.10.2022
ISSUED BY THE DISTRICT SUPPLY OFFICER TO
THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF LETTER BEARING NO.
F.835/2022 DATED 11.11.2022 ISSUED BY
THE DEPOT OFFICER, OTTAPALAM DEPOT TO
THE MANAGER, SUPPLYCO CENTRAL OFFICE,
KOCHI ALONG WITH THE MAHAZAR.
EXHIBIT P 8 TRUE COPY OF LETTER BEARING NO.
F.835/2022 DATED 11.11.2022 ISSUED BY
THE DEPOT OFFICER, OTTAPALAM DEPOT TO
THE TALUK SUPPLY OFFICER.
EXHIBIT P9 TRUE COPY OF LETTER BEARING NO. A2-
5386/22 DATED 03.03.2023 ISSUED BY THE
4TH RESPONDENT TO THE MANAGER (NFSA),
SUPPLYCO CENTRAL OFFICE, KOCHI.
EXHIBIT P 10 TRUE COPY OF LETTER BEARING NO.
5A.NO.882 DATED 17.03.2024 ISSUED BY THE
DEPOT MANAGER, PALAKKAD TO THE
PETITIONER.
EXHIBIT P11 TRUE COPY OF LETTER BEARING NO.
TSOOTP/148/2023-CSH DATED 28.04.2023,
ISSUED BY THE TALUK SUPPLY OFFICER TO
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THE PETITIONER.
EXHIBIT P12 TRUE COPY OF REPRESENTATION BEARING NO.
10/2024-25/30 DATED 17/12/2024 SUBMITTED
BY THE PETITIONER TO THE MANAGING
DIRECTOR, SUPPLYCO, ERNAKULAM
EXHIBIT P13 TRUE COPY OF REPRESENTATION DATED
05.04.2025 SUBMITTED BY THE PETITIONER
TO THE 6TH RESPONDENT.
EXHIBIT P14 TRUE COPY OF REPRESENTATION BEARING
REFERENCE NO. 10/2025-26/19 DATED
27.10.2025 SUBMITTED BY THE PETITIONER
TO THE HON'BLE MINISTER FOR CIVIL
SUPPLIES, GOVERNMENT OF KERALA
