Disposed

Sheeja Vijayakumar v. M.R.Deepu

Kerala HC29 Nov 2018WP(C)/437/2016

Case brief

AI extract

What is this about?

This writ petition challenged an order refusing a ration shop license. The court directed the respondents to serve a copy of the subsequent government order dated 18/11/2016 to the petitioner within three months, enabling her to challenge it if necessary.

What did the court decide?

Directed the respondents to issue a copy of GO(ORD) No. 304/2016 dated 18/11/2016 to the petitioner within three months.

Sheeja Vijayakumar Vs M.R.Deepu — Writ and Judicial Review | Kerala HC (2018)

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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 V.G.ARUN

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THURSDAY ,THE 29TH DAY OF NOVEMBER 2018 / 8TH AGRAHAYANA, 1940

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WP(C).No. 437 of 2016

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PETITIONER/S:

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SHEEJA VIJAYAKUMAR AGED 54 YEARS W/O.VIJAYAKUMAR, SUKUMARA MANDIRAM, BALARAMAPURAM, NOW R/A.POOJALEKSHMI , ALUVILA, BALARAMAPURAM ,NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT

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BY ADVS. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P

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RESPONDENT/S:

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1 M.R.DEEPU

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PUTHRA VILA, KIZHAKKEKARA VEEDU, THEMBAMUTTOM, RUSSALPURAM, ATHIYANNOOR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN 695121

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2 THE TALUK SUPPLY OFFICER TALUK SUPPLY OFFICE, NAYYATTINKARA, NEYYATTINKARA P O, THIRUVANANTHAPURAM DISTRICT, PIN 695121

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3 THE DISTRICT SUPPLY OFFICER CIVIL STATION BUILDINGS, KUDAPPANAKUNNU P O, THIRUVANANTHPAURAM, PIN 695005

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4 THE DISTRICT COLLECTOR COLLECTORATE, KUDAPPANAKUNNU P O, THIRUVANANTHAPURAM, PIN 695005

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5 STATE OF KERALA REP BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD & CIVIL SUPPLIES, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM , PIN 695001

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BY ADVS. SRI.GOPAKUMAR R.THALIYAL SRI.R.B.RAJESH GP- SRI SURIN GEORGE IYPE.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 437 of 2016

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JUDGMENT

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The issue canvassed in this writ petition pertains to the refusal of the authorities to grant license to the petitioner for conduct of ration shop (ARD), in her capacity as the legal heir of her mother, Smt. Sukumari. Pending the petitioner's claim, license for conducting the ration shop was granted to the first respondent. At the time when the writ petition was filed, the challenge of the petitioner had culminated in Ext.P4 order passed by the Government, on the revision petition filed by the petitioner. The challenge in the writ petition is mainly on the ground that Ext.P4 was not rendered on merits and was issued without hearing the petitioner.

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When the matter was taken up for consideration, the learned counsel for the first respondent handed over GO(ORD) No. 304 of 2016 dated 18/11/2016, where under the revision filed by the petitioner was reconsidered by the Government and a decision rendered on merits after hearing the petitioner's husband. The learned counsel for the petitioner submits that though a copy of the order dated 18/11/2016 is marked to the petitioner, till date she has not been served with a copy of that order. In such circumstances, the writ petition is disposed of directing to issue a copy of GO(ORD) No. 304/2016 dated 18/11/2016 to the petitioner within 2

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WP(C).No. 437 of 2016

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months from the date of receipt of copy of the judgment. The petitioner would be at liberty to raise an appropriate challenge against the afore mentioned order, on receipt of a copy of the same.

Sd/-

V.G.ARUN

JUDGE

Ns //True Copy// PA to Judge

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WP(C).No. 437 of 2016

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 P1:-TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BEL COURT IN WPC 14817/2011 AND R P 650/2011 DTD 1/9/2011

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EXHIBIT P2 P2:-TRUE COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT DTD 6/3/2012 EXHIBIT P3 P3:-TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER DTD 30/8/2013 EXHIBIT P4 P4:-TRUE COPY OF THE ORDER ISSUED BY THE 5TH RESPONDENT DTD 4/10/2013

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EXHIBIT P5 P5:-TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER BY THE STATE PUBLIC INFORMATION OFFICER DTD 14/9/2015

Sheeja Vijayakumar v. M.R.Deepu

Case brief

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Sheeja Vijayakumar v. M.R.Deepu

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