This writ petition challenged the transfer of ration card holders to a distant depot. The Court found that an outlet was opened within 200 meters of the original location, redressing the grievance.
Writ petition disposed; respondents directed to ensure proper distribution and storage of ration articles.
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 MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941
WP(C).No.1180 OF 2020(V)
PETITIONERS:
S/O. LATE P.G. MATHAI, MANAPARAMBIL,KANAKAPPALAM P.O. ERUMELI SOUTH, ERUMELI, KOTTAYAM-686509.
BY ADVS.
SRI.K.I.MAYANKUTTY MATHER SMT.KALLIYANI KRISHNA B. SMT.T.K.SREEKALA
KUM.NARAYANI HARIKRISHNAN
RESPONDENTS:
ADV. SMT.VINEETHA B., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition is filed seeking the following prayers:
“(a) Call for the records of the case leading to the issuance of Order No.C2275/19 dated 1.1.2020 by the 2nd respondent and declare the same as one without authority of law and null and void.
(b) Issue an appropriate writ or order directing the 1st respondent to take appropriate legal action to fill up the vacancy of ARD No.152 in the manner prescribed in Clause 45(1) of the Kerala Rationing Order.
(c) Issue a writ of mandamus or other appropriate writ or order forbearing the 2nd respondent from enforcing Order No.C2275/19 dated 1.1.2020 which causes disadvantage and inconvenience to 360 card holders including the petitioners in the matter of procuring ration articles on the basis of their ration cards.”
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contended that the licensee of ARD No.152 expired on 07.04.2019. Ext.P1 proceedings had been issued on 08.04.2019 attaching the 360 card holders to the depot of the 5th respondent. Thereafter, there was a move to shift the 360 card holders originally attached to ARD No.152 to ARD No.56, which was objected by the petitioners by preferring Ext.P2 representation. However, it is submitted that without considering the representation, steps have been taken to shift the card holders to the 4th respondent depot, which is detrimental to the interest of the card holders since the depot is far away from their place of residence.
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I find that the issue to be considered in this writ petition is only with regard to the right of the petitioners, who are card holders to obtain rationed articles without any inconvenience. In view of the fact that appropriate steps have been taken by the official respondents to see that an outlet is opened by the 4th respondent within 200 meters from the location of the ARD No.152 to which the ration cards were originally attached, I am of the opinion that the essential grievance raised by the petitioners in this writ petition stands redressed. It is for the respondents to take appropriate steps to see that the distribution of ration articles is properly carried out and that the articles are properly stored in the premises by the 4th respondent. In case the petitioners had any complaint with regard to the storage of the ration articles or the distribution thereof, it will be for the petitioners to raise the same appropriately before the 2nd respondent, which shall be properly addressed.
This writ petition is disposed of with the above directions.
Sd/-
ANU SIVARAMAN
JUDGE
np
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 08/04/2019. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS AND OTHER CARD HOLDERS TO THE 3RD RESPONDENT. |
| EXHIBIT P3 | TRUE COPY OF THE CIRCULAR NO. (CS)-C2- 40906/71 DATED 09/12/1971. |
| EXHIBIT P4 | TRUE COPY OF THE REPRESENTATION GIVEN BY THE WARD COUNCILOR, WARD NO.22 KANAKAPALAM, ERUMELY TO THE DISTRICT COLLECTOR, KOTTAYAM DATED 08/01/2020. |
| EXHIBIT P5 | PHOTOGRAPHS FOR THE SHOP ROOM TEMPORARILY ARRANGED BY THE 4TH RESPONDENT |
| EXHIBIT P5 (a) | PHOTOGRAPH FOR THE SHOP ROOM TEMPORARILY ARRANGED BY THE 4TH RESPONDENT |
| EXHIBIT P6 | EYE SKETCH DEMONSTRATING THE LOCATION OF THE DIFFERENT SHOPS I.E. ARD 152, ARD 157 AND ARD 56 AND THE NEW SHOP ROOM ARRANGED BY THE 4TH RESPONDENT |
RESPONDENT'S/S EXHIBITS: NIL
1 issue framed by the court
Whether the essential grievance regarding the transfer of ration card holders to a distant depot is redressed by the opening of an outlet nearby.
M.M.PHILIP
SHIJOY JOHN JACOB
RAJESH RAJAN
DISTRICT SUPPLY OFFICER
TALUK SUPPLY OFFICER
DISTRICT COLLECTOR
ANU SIVARAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
