The court disposed of two writ petitions concerning ARD shifting and implementation. It directed the District Collector to consider the pending appeal by the licensee after affording a hearing opportunity to petitioners within six weeks.
Directed the District Collector to consider and pass orders on the appeal within six weeks after hearing petitioners.
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 SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942 WP(C).No.380 OF 2021(V)
PETITIONER:
JIJO MATHEW @ GIJO MATHEW AGED 25 YEARS S/O. GEO MATHEW, PUTHENPEEDIKAYIL HOUSE, ELANKAD PO. 686 514, KOTTAYAM DISTRICT.
BY ADV. SRI.P.A.SALIM
RESPONDENTS:
OTHER PRESENT:
SMT.VINITHA.B ,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2021, ALONG WITH WP(C).1163/2021(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.380 & 1163 OF 2021(V)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
WP(C).No.1163 OF 2021(U)
PETITIONER:
BINU K.C., AGED 37 YEARS S/O. K. V. CHANDRAN, KUMMANCODE HOUSE, THALUMKAL P. O., KOOTTICKAL, KOTTAYAM - 686514.
BY ADV. SRI.I.DINESH MENON
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
BY SHRI.MURALI PURUSHOTHAMAN, SC BY SMT.VINITHA.B ,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2021, ALONG WITH WP(C).380/2021(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.380 & 1163 OF 2021(V)
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J U D G M E N T
Petitioner in W.P.(C).No.380 of 2021, who is the
licensee of ARD.No.150 in Kanjirappally Taluk which has been merged with ARD.No.47, is aggrieved by Ext.P7 order directing shifting of the ARD. He has approached the District Collector with Ext.P8 appeal.
therein seeks implementation of the order of shifting (Ext.P7 in W.P.(C).No.380 of 2021). According to petitioner in W.P.(C).No.380 of 2021, the petitioner in W.P.(C).No.1163 of 2021 does not have any locus standi to demand shifting.
submits that Ext.P8 (W.P.(C).No.380 of 2021) appeal
WP(C).Nos.380 & 1163 OF 2021(V)
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has already been received in the office of the second respondent and hearing would be held in February, 2021.
Therefore, both these writ petitions are disposed of directing the second respondent-District Collector to consider and pass orders on the appeal (Ext.P8 in W.P.(C).No.380 of 2021) after affording an opportunity of hearing to the petitioners in both these writ petitions within a period of 'six weeks' from the date of receipt of a copy of the judgment. Parties shall co-operate with the hearing.
Sd/- P.V.ASHA, JUDGE
AS
WP(C).Nos.380 & 1163 OF 2021(V)
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APPENDIX OF WP(C).NO.380/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 3RD RESPONDENT DATED 30.06.2017.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE ENTRY MADE BY THE 4TH RESPONDENT IN THE REGISTER KEPT AT THE PETITIONER'S SHOP DATED 3.11.2018.
EXHIBIT P3 TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DATED 06.01.2020.
EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 3.07.2020.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 09.07.2020.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THE HONBLE HIGH COURT OF KERALA IN WPC NO.14999/2020 DATED 24.07.2020.
EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 3RD RESPONDENT DATED 13.10.2020.
EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGES OF THE APPEAL MEMORANDUM ALONG WITH STAY PETITIONER SUBMITTED BY THE PETITIONER ACKNOWLEDGED BY THE APPELLATE AUTHORITY DISTRICT COLLECTOR ON 22.10.2020.
WP(C).Nos.380 & 1163 OF 2021(V)
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APPENDIX OF WP(C) 1163/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NO.C58-2170-17 DATED 30.06.2017. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS NO.C-518/2020 DATED 03.07.2020. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.14999/2020 DATED 24.07.2020. EXHIBIT P4 TRUE COPY OF THE ORDER NO.DSOKTM/529/2020/CS-8 DATED 13.10.2020. EXHIBIT P5 TRUE COPY OF THE CONSENT DATED 27.10.2020. EXHIBIT P6 FEW PHOTOGRAPHS OF THE BUILDING.
3 issues framed by the court
Whether the District Collector should consider and pass orders on the pending appeal filed by the licensee.
Whether both petitioners should be afforded an opportunity of hearing before the disposal of the appeal.
Whether the writ petitions can be disposed of without adjourning the appeal.
JIJO MATHEW @ GIJO MATHEW
BINU K.C.
THE PRINCIPAL SECRETARY TO GOVT FOOD AND CIVIL SUPPLIES DEPARTMENT
THE DISTRICT COLLECTOR, KOTTAYAM
THE DISTRICT SUPPLY OFFICER, KOTTAYAM
THE TALUK SUPPLY OFFICER, KANJIRAPPALLY TALUK
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
