Petitioner sought direction for appointment as Authorised Retail Distributor (ARD) in place of deceased husband. Court dismissed petition as rival claims to spouse status were pending civil suit, requiring civil adjudication before administrative appointment.
None granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 2ND NOVEMBER 2007 / 11TH KARTHIKA 1929
WP(C).No. 16752 of 2007(T)
PETITIONER:
R.SUPRABHA, CHINJU BHAVAN, KATTAYIL, ODANAVATTOM P.O., KOTTARAKKARA, KOLLAM.
BY ADV. SRI.K.SUBASH CHANDRA BOSE
RESPONDENTS:
1. THE DISTRICT SUPPLY OFFICER, KOLLAM.
2. THE TALUK SUPPLY OFFICER, TALUK SUPPLY OFFICE, KOTTARAKKARA, KOLLAM.
3. THE TAHSILDR, KOTTARAKKARA TALUK OFFICE, KOTTARAKKARA, KOLLAM.
4. SMT.VALSALAKUMARY, MAYA BHAVAN (CHARUVILA PUTHEN VEEDU), KUTHIRACHIRA PAKIDIYIL, PUNALUR P.O., KOLLAM.
BY ADV. SRI.ALEXANDER GEORGE, R4 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL, R1 TO R3
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC No.16752/2007
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1 : |
TRUE COPY OF THE DEATH REPORT DATED 12.12.2006 IN CRIME NO.771/06. |
|---|---|
| EXT.P2 : |
TRUE COPY OF THE PAPER REPORT INFORMING THE OBSEQUIES OF THE PETITIONER'S HUSBAND APPEARED IN KERALA KAUMUDI DAILY DATED 15.12.2006. |
| EXT.P3 : |
TRUE COPY OF THE ELECTORAL IDENTITY CARD OF PETITIONER'S LATE HUSBAND SRI.SIDDHARTHAN DATED 20.10.1997 |
| EXT.P4 : |
TRUE COPY OF THE ELECTORAL IDENTITY CARD OF PETITIONER DATED 20.10.1997. |
| EXT.P5 : |
TRUE COPY OF THE IDENTITY CARD OF PETITIONER'S LATE HUSBAND SRI.SIDDHARTHAN ISSUED BY KERALA RATION DEALERS WELFARE FUND DATED 17.07.2000. |
| EXT.P6 : |
TRUE COPY OF THE FIRST PAGE OF MONTHLY SUBSCRIPTION PASS BOOK OF PETITIONER'S LATE HUSBAND SRI.SIDDHARTHAN. |
| EXT.P7 : |
TRUE COPY OF THE ORDRE OF 3RD RESPONDENT DATED 13.12.2007. |
| EXT.P8 : |
TRUE COPY OF THE EXTRACT OF the REGISTER SHOWIN THE PETITIONER WORKING AS SALESWOMAN IN AUTHORISED RETAIL DEPOT. |
| EXT.P9 : |
TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 30.12.2006. |
| EXT.P10 : |
TRUE COPY OF THE GAZETTE PUBLICATION. |
| EXT.P11 : |
TRUE COPY OF THE CERTIFICATE ISSUED FROM THE RESPECTIVE BRANCHES OF SNDP. |
| EXT.P12 : |
TRUE COPY OF THE MARRIAGE INVITATION LETTER OF PETITIONER and DECEASED SIDHARTHAN DATED 5.1.1984. |
| EXT.P13 : |
TRUE COPY OF THE CERTIFICATE ISSUED BY THE VELIYAM STREE SUBRAMANYA SWAMY TEMPLE TRUST DATED 23.03.2007. |
| EXT.P14 : |
TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE VELIYAM GRAMA PANCHAYAT. |
WPC No.16752/2007
EXHIBITS OF 4TH RESPONDENT:
// T R U E C O P Y//
ANTONY DOMINIC, J. ===============
W.P.(C) NO. 16752 OF 2007 T
=====================
Dated this the 2nd day of November, 2007
J U D G M E N T
This writ petition seeks a direction to the 3rd respondent to
issue heirship certificate applied for by the petitioner and to appoint her as permanent Authorised Retail Distributor of ARD No.92 of Kottarakkara Taluk.
an authorised retail distributor of ARD No.92 of Kottarakkara Taluk and on his death petitioner applied for appointment in his place and as she was not successful, this writ petition has been filed.
WPC 16752/07
: 2 :
wedded wife of the deceased. That writ petition, to which the petitioner is also a party, was dismissed by Ext.R4(B) judgment, holding that neither this court nor the Tahsildar will be in a position to decide the dispute. It was held that the matter requires to be decided by a civil court having jurisdiction to issue a declaration on the marital status of the parties. In that writ petition, 4th respondent claimed that she wanted to obtain a heirship certificate from the Tahsildar for production before the Taluk Supply Officer for getting appointment as the ARD in the place of the deceased. She would point out that in pursuance to the said judgment, she has filed OS 465/07 seeking a declaration of her marital status and that the said suit is pending before the Family Court, Kottarakkara. Therefore, she is also asserting her right to be appointed as ARD in the place of her deceased husband.
WPC 16752/07
: 3 :
the place of her husband in terms of Rule 45(2) of the Kerala Rationing Order, 1966.
In view of the controversy that is raised by both parties, which require adjudication by a competent civil court, any direction sought, can be issued on the culmination of the proceedings in OS 465/07. Hence, until the suit is finally decided, I do not think it is proper to direct appointment of the petitioner, either on regular or on provisional basis, which will be to the prejudice of the other party. Writ petition fails and is dismissed.
ANTONY DOMINIC, JUDGE.
Rp
2 issues framed by the court
Whether the writ court can direct appointment of petitioner as authorised retail distributor pending resolution of rival matrimonial claims.
Whether the dispute over heirship certificate and appointment requires adjudication by a civil court.
R.SUPRABHA
THE DISTRICT SUPPLY OFFICER, KOLLAM
THE TALUK SUPPLY OFFICER, KOTTARAKKARA
THE TAHSILDAR, KOTTARAKKARA
SMT.VALSALAKUMARY
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
