Disposed

Sandhya Kunjumon v. the District Collector

Kerala HC8 Nov 2017WP(C)/16522/2015

Case brief

AI extract

What is this about?

The court declined to dispose of the writ petition regarding a ration shop dispute while an appeal pending before the Government department. It ordered the Government to decide the appeal within six weeks and maintain status quo.

What did the court decide?

The writ petition was disposed of; the Government is directed to decide the appeal within six weeks; status quo to be maintained.

Sandhya Kunjumon Vs the District Collector — Service and Employment | Kerala HC (2017)

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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 K.VINOD CHANDRAN

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WEDNESDAY, THE 8TH DAY OF NOVEMBER 2017/17TH KARTHIKA, 1939

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WP(C).No. 16522 of 2015 (M)

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PETITIONER(S):

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SANDHYA KUNJUMON,AGED 36 YEARS, W/O.KUNJUMON, RESIDING AT NOOTTIRUPATHIL CHIRA, OORUKKARI P.O., RAMANKARY, ALAPPUZHA DISTRICT, PIN 689595.

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BY ADVS.SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI

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SRI.PREMCHAND R.NAIR

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, COLLECTORATE,ALAPPUZHA, ALAPPUZHA DISTRICT,PIN 688001.

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2. THE DISTRICT SUPPLY OFFICER, ALAPPUZHA, PIN 688001.

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3. THE TALUK SUPPLY OFFICER, KUTTANAD TALUK, ALAPPUZHA DISTRICT, PIN 688 027.

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4. SMT.ANANDAVALLY,

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AGED 47 YEARS, W/O.THOMAS ARYA BHAVAN, OORUKKARI P.O, RAMANKARY, ALAPPUZHA, PIN 689595.

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5. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM PIN 695001.

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6. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF CIVIL SUPPLIES, GOVERNMENT SECRETARIATE,

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THIRUVANANTHAPURAM PIN 695001.

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R1 TO R3, R5 & R6 BY GOVERNMENT PLEADER SMT.VINEETHA HARIRAJ R4 BY ADV. SRI.K.A.SALIL NARAYANAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 16522 of 2015 (M)

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APPENDIX

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PETITIONERS EXHIBITS

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EXHIBIT P1:- PHOTOCOPY OF NOTIFICATION NO.CS.5.2213/13 DATED 26.4.2013 BY THE 2ND RESPONDENT.

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EXHIBIT P2:- PHOTOCOPY OF RATION CARD NI. 1419012504 OF RATION CARD HOLDER OF WARD NO.7 OF KOOTTANAD TALUK.

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EXHIBIT P2(A):- PHOTOCOPY OF RATION CARD NO.1419012332 OF RATIO CARD HOLDER OF WARD NO.1 OF KOOTTANAD TALUK.

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EXHIBIT P2(B):- PHOTOCOPY OF RATION CARD NO.1419048432 OF RATIO CARD HOLDER OF WARD NO.9 OF KOOTTANAD TALUK.

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EXHIBIT P2(C):- PHOTOCOPY OF RATION CARD NO.1419012670 OF RATIO CARD HOLDER OF WARD NO.12 OF KOOTTANAD TALUK.

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EXHIBIT P3:- PHOTOCOPY OF ORDER NO.CS. 5.2213/13 DATED 29.8.2014 OF THE 2ND RESPONDENT ISSUED TO THE PETITIONER.

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EXHIBIT P4:- PHOTOCOPY OF JUDGMENT DATED 18.9,2014 RENDERED BY THIS HONOURABLE COURT IN WPC.NO,24088 OF 2014-1.

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EXHIBIT P5:- PHOTOCOPY OF ORDER, C.S.5.2213/13 DATED 13.4.2015 OF THE 1ST RESPONDENT ISSUED TO THE PETITIONER AND OTHERS.

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EXHIBIT P6:- PHOTOCOPY OF THE JUDGMENT DATED 24.4.2015 RENDERED BY THIS HON'BLE COURT IN WPC.NO.12801 OF 2015 A.

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EXHIBIT P7:- TRUE COPY OF ORDER NO.(CS)A5-8729/15 DATED 23.5.2015 PASSED BY THE 5TH RESPONDENT.

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EXHIBIT P8:- PHOTOCOPY OF APPEAL NO,207053/2015 FILED UNDER CLAUSE 45(10)(1) OF THE KERALA RATIONING ORDER DATED 1.6.2015 FILED BY THE PETITIONER.

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EXHIBIT P8(A):_ PHOTOCOPY OF STAY PETITION DATED 1.6.2015 FILED BY THE PETITIONER IN APPEAL NO.207053/2015 FLED BY THE PETITIONER.

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EXHIBIT P9:- PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE CARD HOLDERS, DARED 27.3.2015 WITH THE LETTER OF MLA.

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EXHIBIT P10:- PHOTOCOPY OF VOTER'S LIST OF 2014 RELATING TO 106TH CONSTITUENCY ASSEMBLY OF KOOTTANAD.

/TRUE COPY/

PS TO JUDGE

K. VINOD CHANDRAN, J

W.P.(C).No.16522 of 2015-M

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Dated this the 08^th day of November, 2017

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The petitioner is aggrieved with the order

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passed at Ext.P7 against which an appeal is pending before

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the Government as Ext.P8. The petitioner is continuing on

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a status quo order.

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The petitioner was granted a ration shop

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notified as per Ext.P1 by Ext.P3. The 4^th respondent challenged the grant before the District Collector which

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was allowed as per Ext.P5. Ext.P5 was challenged by the petitioner before the Land Revenue Commissioner in which Ext.P7 order was passed affirming the order of the District Collector. The petitioner then filed an appeal

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WP(C).16522/2015

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before the Government and approached this Court in which a

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status quo order was passed. The petitioner submits that since

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the writ petition was pending all these years, the matter can be

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considered here itself.

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Since the appeal is pending before the

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Government it is not proper for this Court to make such consideration. The Government shall consider the appeal

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within a period of six weeks from the date of receipt of a

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certified copy of this judgment. The petitioner and the 4^th respondent shall appear before the Secretary to Government, Department of Civil Supplies on 22.11.2017, on which date the office of the Secretary shall fix a further date of hearing and dispose of the matter as directed herein. The status quo shall be maintained till orders are passed in appeal. On the

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WP(C).16522/2015

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orders being passed in the appeal grant of licence of ration shop shall be duly changed if it is in favor of the 4^th

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respondent.

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Writ petition is disposed of. No costs.

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Sd/-

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(K. VINOD CHANDRAN, JUDGE)

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jma

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//true copy//

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P.A to Judge

Sandhya Kunjumon v. the District Collector

Case brief

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Sandhya Kunjumon v. the District Collector

Case brief

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