Dismissed

The Ottapalam Co.Op. Markeing Soc. Ltd. v. the Dist. Collector.,Palakkad

Kerala HC22 Feb 2008OP/1413/1999

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a writ petition filed by a cooperative marketing society. The petitioner challenged the suspension of their authorised wholesale distributorship licence under the Kerala Rationing Order for lack of formalities and hearing. The Court dropped further proceedings based on the old inspection report but directed that notice be given if fresh inspection occurs.

What did the court decide?

Proceedings dropped with direction that petitioner be given notice if fresh inspection is conducted.

The Ottapalam Co.Op. Markeing Soc. Ltd. Vs the Dist… — Writ and Judicial Review | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE KURIAN JOSEPH

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FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929

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OP.No. 1413 of 1999(R)

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---------------------------------

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PETITIONER:

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-------------------

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THE OTTAPALAM CO-OP. MARKETING SOCIETY LIMITED NO. P. 526, OTTAPALAM, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY.

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BY ADV. SRI.K.RAMAKUMAR.

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RESPONDENTS:

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------------------------

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1. THE DISTRICT COLLECTOR, PALAKKAD.

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2. THE ADDITIONAL TAHASILDAR, TALUK OFFICE, PALAKKAD.

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BY GOVERNMENT PLEADER SMT. K.R. DEEPA.

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THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ORDER ON C.M.P. NO. 2351/1999 IN O.P. NO. 1413/1999-R

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DISMISSED

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22/02/2008.

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SD/- KURIAN JOSEPH, JUDGE.

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P.1: COPY OF THE COMMUNICATION DTD. 14/01/99 BY R.2.

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EXT.P.2: COPY OF THE MAHAZAR DT. 14/01/99 SIGNED BY THE INSPECTOR OF POLICE, VIGL. & ANTI - CORRUPTION BUREAU, PALAKKAD.

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RESPONDENT'S EXHIBITS:

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EXT.R1.A:COPY OF THE REPORT OF T.S.O OTTAPALAM MARKED AS EXT. R1.(a), R1 (a)2. EXT.R1.B: COPIES OF NOTICES TO AWD.

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EXT.R1.C: COPIES OF NOTICE TO OTTAPALAM CO-OPERATIVE SOCIETY.

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//TRUE COPY//

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prv.

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KURIAN JOSEPH, J.

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---------------------------------------

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O.P. No. 1413 OF 1999

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Dated this the 22^nd day of February, 2008.

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J U D G M E N T

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This original petition is filed with the following prayer:

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i) To issue a writ of mandamus forbearing the first respondent from suspending the licence for authorised wholesale distributorship to the petitioner society under the Kerala Rationing Order without complying with the formalities prescribed under the Kerala Rationing Order and without hearing the petitioner an opportunity of showing cause.

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On 20.01.1999 this Court directed the first respondent not to suspend the licence for a short while and that order was being continued from time to time.

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It is stated in the counter affidavit itself that the order of

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suspension has not taken effect. Since proposed action was on the basis of the inspection conducted eight years back, it is only appropriate and in the interest of the parties, and also taking note of the fact that petitioner is a cooperative society that further proceedings in respect of the proposed action are dropped, making it clear that it will be open to the respondents to take appropriate action on the basis of fresh inspection, if

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O.P. 1413/99

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required. Ordered accordingly. Needless to say that in which

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event the petitioner will also be given notice.

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This original petition is disposed of as above.

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KURIAN JOSEPH, JUDGE.

smp

O.P. 1413/99

KURIAN JOSEPH, J.

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O.P. No. 1413 OF 1999

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J U D G M E N T

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22.02.2008

The Ottapalam Co.Op. Markeing Soc. Ltd. v. the Dist. Collector.,Palakkad

Case brief

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The Ottapalam Co.Op. Markeing Soc. Ltd. v. the Dist. Collector.,Palakkad

Case brief

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