Disposed

Benson Vivera v. State of Kerala

Kerala HC28 Sept 2021WP(C)/20421/2021

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging delays by the Civil Supplies Appellate Authority in disposing of an appeal against the suspension of a Fair Price Shop licensee's license. It directed the authority to consider the stay petition within three weeks, ensuring the suspended license remains inoperative pending orders.

What did the court decide?

Directed the second respondent to consider the stay petition filed by the petitioner in the appeal against Ext.P6 order within three weeks.

Benson Vivera Vs State of Kerala — Service and Employment | Kerala HC (2021)

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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 P.B.SURESH KUMAR

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TUESDAY, THE 28^TH DAY OF SEPTEMBER 2021 / 6TH ASWINA, 1943

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WP(C) NO. 20421 OF 2021

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PETITIONER:

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BENSON VIVERA

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LICENCEE OF FAIR PRICE SHOP, ARD NO.29, ST. VINCENT ROAD, KOCHI -18

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BY ADVS. N.SATHEESH K.JANARDHANA SHENOY PRIYA CAROL

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RESPONDENTS:

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1 STATE OF KERALA

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REP.BY ITS SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001

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2 THE COMMISSIONER OF CIVIL SUPPLIES APPELLATE AUTHORITY, PUBLIC OFFICE COMPLEX, THIRUVANANTHAPURAM- 695 033

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3 THE VILLAGE OFFICER CIVIL SUPPLIES COMMISSIONER OFFICE, PUBLIC OFFICE COMPLEX, THIRUVANANTHAPURAM - 695 033

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4 CITY RATIONING OFFICER CITY RATIONING OFFICE, NEAR NORTH RAILWAY STATION, ERNAKULAM - 682 018

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BY ADV. SMT.PRINCY XAVIER, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.20421 of 2021

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W.P.(C) No.20421 of 2021

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J U D G M E N T

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Petitioner is the licensee of a Fair Price Shop. In

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terms of Ext.P4 order, the third respondent cancelled the licence of the petitioner. Ext.P4 order was under challenge before this Court in W.P.(C) No.17517 of 2021, and in terms of Ext.P5 interim order, this Court directed that Ext.P4 shall not be given effect to. Ext.P4 order has been recalled subsequently and instead, Ext.P6 order was passed by the third respondent suspending the licence of the petitioner invoking powers under Kerala Targeted Public Distribution System(Control) Order 2021. The petitioner challenged Ext.P6 order in appeal before the second respondent along with an interlocutory application for stay of operation of Ext.P6 order. The appeal and the interlocutory application have been produced together in the writ petition as Ext.P7. It is stated by

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W.P.(C) No.20421 of 2021

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the petitioner that in the light of Ext.P5 order passed by this court in W.P.(C) No.17517 of 2021, Ext.P6 order has so far not been given effect to. The grievance voiced by the petitioner in the writ petition concerns the delay on the part of the second respondent in disposing of the appeal preferred by the petitioner against Ext.P6 order.

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Heard the learned counsel for the petitioner as also the learned Government Pleader.

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It is seen that the petitioner challenged Ext.P6

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order before the second respondent invoking the power of the second respondent under clause 62(1) of the Kerala Targeted Public Distribution System(Control) Order 2021. Similarly, it is seen that the stay petition in the said appeal has been filed by the petitioner invoking the power of the second respondent under clause 62(4) of the said Order.

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In the circumstances, having regard to the fact that

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Ext.P6 order has so far not been given effect to, I deem it appropriate to dispose of the writ petition directing the second

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W.P.(C) No.20421 of 2021

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respondent to consider the stay petition filed by the petitioner in the appeal preferred against Ext.P6 order with notice to the petitioner, within three weeks. Ordered accordingly. Needless to say that until orders are passed as directed, Ext.P6 order shall not be given effect to.

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Sd/- P.B.SURESH KUMAR, JUDGE.

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W.P.(C) No.20421 of 2021

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PETITIONER'S EXHIBITS

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Exhibit P1 A TRUE COPY OF THE LICENSE ID CARD NO.9620 ISSUED BY THE DIRECTOR CIVIL SUPPLIES DEPARTMENT

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Exhibit P2 A TRUE COPY OF THE ORDER NO.A2-747/20 OF THE 4TH RESPONDENT DATED 1.6.2020

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Exhibit P3 A TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 8.4.20220

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Exhibit P4 A TRUE COPY OF THE ORDER CCS-3607/2021VIGI DATED 24.8.2021 ISSUED TO THE PETITIONER ON 26.8.2021

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Exhibit P5 A TRUE COPY OF THE INTERIM ORDER DATED 31.8.2021 IN W.P.(C). 17517/2021

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Exhibit P6 A TRUE COPY OF THE ORDER NO.CCS3607/2021-VIGI DATED 2.9.2021 ISSUED TO THE PETITIONER ON 26.8.2021

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Exhibit P7 A TRUE COPY OF THE APPEAL ALONG WITH I.A.FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT APPELLATE AUTHORITY DATED 13.9.2021

Benson Vivera v. State of Kerala

Case brief

What is this about?

What did the court decide?

Benson Vivera v. State of Kerala

Case brief

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What did the court decide?

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