Petitioner ration distributor challenged suspension of license based on vague allegations. Court directed respondents to complete proceedings against the distributorship with notice to petitioner within six weeks.
Respondents directed to complete proceedings against the distributorship with notice to petitioner within six weeks.
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 P.B.SURESH KUMAR
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943 WP(C) NO. 10763 OF 2021
PETITIONER:
ASMILA
AGED 28 YEARS D/O. ABDULLA, RESIDING AT ODAN HOUSE, ANCHUKUNNU P. O., WAYANAD - 670 645.
BY ADVS. K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH SHRI. RAJ CAROLIN V.
RESPONDENTS:
4 STATE FOOD COMMISSION REPRESENTED BY ITS SECRETARY, LEGAL METROLOGY BHAVAN, VRINDHAVAN GARDENS, PATTAM PALACE P. O., THIRUVANANTHAPURAM - 695 004.
W.P.(C) No.10763 of 2021 2
5 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOOD & CIVIL SUPPLY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY ADV: SMT.PRINCY XAVIER, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
W.P.(C) No.10763 of 2021
W.P.(C) No.10763 of 2021
J U D G M E N T
Petitioner is an authorised ration distributor. The
licence of the petitioner has been suspended in terms of Ext.P2 order on 30.09.2020. Ext.P2 order is under challenge in the writ petition. The case of the petitioner in the writ petition is that there are absolutely no allegations against the petitioner or against the distributorship of the petitioner to justify the suspension. It is pointed out that certain articles suspected to be ration articles were recovered from the house of one Nazeer K. and there is a reference in the Mahazar prepared in connection with the said recovery about the salesman in the distributorship of the petitioner. It is stated that it is on that premise that the distributorship was suspended. According to the petitioner, the ration distributorship cannot be suspended on such a vague allegation.
4
W.P.(C) No.10763 of 2021
also the learned Government Pleader.
that but for the pendency of this writ petition, the respondents would have completed the proceedings initiated against the dealership of the petitioner.
Sd/- P.B.SURESH KUMAR, JUDGE.
PV
W.P.(C) No.10763 of 2021
5
APPENDIX OF WP(C) 10763/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE ORDER OF APPOINTMENT NO.CF.5.3944/2008 DATED 30.05.2012 ISSUED BY THE DISTRICT SUPPLY OFFICER, WAYANAD.
EXHIBIT P2 THE TRUE COPY OF THE ORDER NO.CS21245/20 DATED 30.09.2020 BY THE TALUK SUPPLY OFFICER, MANANTHAVADY.
EXHIBIT P3 THE TRUE COPY OF THE RELEVANT PAGES OF THE INSPECTION BOOK OF ARD-35 DATED 29.09.2020.
EXHIBIT P4 THE TRUE COPY OF IMPLEMENTATION REPORT OF EXHIBIT P2 ORDER ENTERED IN THE INSPECTION BOOK OF ARD-40 ON 01.10.2020.
EXHIBIT P5 THE TRUE COPY OF THE REQUEST DATED 07.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT SUPPLY OFFICER, WAYANAD.
EXHIBIT P6 THE TRUE COPY OF THE SUMMONS DATED 08.03.2021 IN CASE NO.SFC/WND/DPI/3/2020 OF THE STATE FOOD COMMISSION.
2 issues framed by the court
Whether suspension of petitioner's ration distributorship on vague allegations warrants quashing.
Whether respondents are directed to complete proceedings against the distributorship with notice.
ASMILA
DISTRICT SUPPLY OFFICERWAYANAD DISTRICT SUPPLY OFFICE CIVIL STATION KALPETTA P. O. WAYANAD
TALUK SUPPLY OFFICER MANANTHAWADY TALUK TALUK SUPPLY OFFICE MANANTHAVADY P. O. WAYANAD DISTRICT
RATIONING INSPECTOR PANAMARAM OFFICE OF THE RATIONING INSPECTOR PANAMARAM P. O. WAYANAD DISTRICT
STATE FOOD COMMISSION
STATE OF KERALA
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
