Dismissed

Kadheeja T.T. v. the Commissioner of Civil Supplies

Kerala HC28 Jan 2021WP(C)/2141/2021

Case brief

AI extract

What is this about?

The Court rejected the writ petition against the cancellation of a ration shop license, directing the petitioner to approach the Government via a statutory Revision Petition. The petitioner must file a stay petition within two weeks to retain licensure pending the Government's decision after hearing.

What did the court decide?

Petitioner directed to file a stay petition within two weeks and approach Government via revision petition.

Kadheeja T.T. Vs the Commissioner of Civil… — Pension and Retirement Benefits | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

¶5

WP(C).No.2141 OF 2021(P)

¶6

PETITIONER:

¶7

KADHEEJA T.T. AGED 70 YEARS W/O.MOHAMMADALI, TAHCHARUPADIKAL THAYATH, CHERUR, MALAPPURAM DISTRICT 676 304

¶8

BY ADVS.

¶9

SRI.P.C.MUHAMMED NOUSHIQ

¶10

SMT.JAHANA SHERIN.K

¶11

RESPONDENTS:

¶12

1 THE COMMISSIONER OF CIVIL SUPPLIES CIVIL SUPPLIES - PUBLIC DISTRIBUTION (B) DEPARTMENT, THIRUVANANTHAPURAM 676 505

¶13

2 THE DISTRICT COLLECTOR MALAPPURAM, CIVIL STATION, MALAPPURAM 676 505

¶14

3 THE DISTRICT SUPPLY OFFICER MALAPPURAM, CIVIL STATION, MALAPPURAM 676 505

¶15

4 THE TALUK SUPPLY OFFICER THIRURANGADI, MALAPPURAM DISTRICT.

¶16

5 THE STATE OF KERALA REP.BY ITS SECRETARY, CIVIL SUPPLIES-PUBLIC DISTRIBUTION (B) DEPARTMENT, THIRUVANANTHAPURAM 676 505

¶17

6 P.MOHANDAS

¶18

AGED 57 YEARS

¶19

S/O.VELAYUDHAN NAYAR, POLIYEDATH HOUSE, KANNAMANGALMA POST, VENGARA, MALAPPURAM DISTRICT 676 304

¶20

SMT.PRINCY XAVIER ,GP

¶21

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶22

WP(C).No.2141 OF 2021(P)

¶23

¶24

JUDGMENT

¶25

Dated this the 28th day of January 2021

¶26

The writ petition was filed apprehending that orders will be passed in Ext.P8 appeal dated 19.10.2020 submitted by the petitioner against the order passed by the District Supply Officer, in which licence granted to the petitioner for running a ration shop No. ARD 126 was canceled. When the matter came up for consideration on 27.01.2021, the learned

¶27

Government Pleader submitted that orders were already passed rejecting the appeal submitted by the petitioner. Today the petitioner has produced Ext.P11 appellate order along with I.A. No. 1 of 2021.

¶28

The learned Government Pleader points out

¶29

that the petitioner has got a statutory remedy

¶30

WP(C).No.2141 OF 2021(P)

¶31

¶32

of revision before the Government. Therefore, it will be open to the petitioner to approach the Government with a Revision Petition and the Government to consider it after affording an opportunity of being heard to the petitioner. As the petitioner was allowed to continue as licensee pending decision in the appeal, as per Ext.P9 judgment, the petitioner shall continue as licensee till orders are passed by Government on the stay petition which is to be filed by the petitioner along with the Revision Petition, within a period of two weeks from the date of receipt of a copy of this judgment.

Sd/-

P.V.ASHA JUDGE

AJ/28.01.2021

WP(C).No.2141 OF 2021(P)

¶37

¶38

APPENDIX

¶39

PETITIONER'S/S EXHIBITS:

¶40

EXHIBIT P1	TRUE COPY OF THE RESIDENTIAL CERTIFICATE DATED 9.12.2019 ISSUED BY THE SECRETARY, KANNAMANGALAM GRAMA PANCHAYATH.
EXHIBIT P2	TRUE COPY OF THE CHARGE SHEET DATED 12.3.2020 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.
EXHIBIT P3	TRUE COPY OF TH ORDER DATED 12.2.2020 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.
EXHIBIT P4	TRUE COPY OF THE APPEAL MEMORANDUM DATED 17.2.2020 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT.
EXHIBIT P5	TRUE COPY OF THE NOTICE DATED 9.7.2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER
EXHIBIT P6	TRUE COPY OF THE OBJECTION DATED 17.7.2020 SUBMITTED BY PETITIONER BEFORE DISTRICT COLLECTOR, MALAPPURAM.
EXHIBIT P7	TRUE COPY OF ORDER NO.C.S.-6/1399/20 PASSED BY THE DISTRICT COLLECTOR, MALAPPURAM.
EXHIBIT P8	TRUE COPY OF THE APPEAL MEMORANDUM NUMBERED AS 142199 OF 2020 DATED 19.10.2020 FILED BY THE PETITIONER BEFORE THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM.
EXHIBIT P9	TRUE COPY OF THE JUDGMENT DATED 23.10.2020 IN WP(C) N.21974 OF 2020
EXHIBIT P10	TRUE COPY OF THE ADDITIONAL AFFIDAVIT DATED 30.12.2020 FILED BY THE PETITIONER HEREIN BEFORE THE 1ST RESPONDENT.
EXHIBIT P11	TRUE COPY OF THE ORDER NO.(C.S.)AB910/2020 DATED 23/01/2021 PASSED BY THE COMMISSIONER
	OF CIVIL CUPPLIES, THIRUVANATHAPURAM.

Kadheeja T.T. v. the Commissioner of Civil Supplies

Case brief

What is this about?

What did the court decide?

Kadheeja T.T. v. the Commissioner of Civil Supplies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Parthas Taxtiles Vs the South India Bank Ltd.

Hotel Abaam Chelsea Vs the Hotel and Restaurants Approval and Classification Committee (Hracc)

Jabir Usman C.K Vs State of Kerala

Ashraf T. Muhammed Vs Greater Cochin Development Authority

S.R.Venugoapal Prabhu Vs the Kerala Industrial Infrastructure Development Corporatin (Kinfra)

Ahamad A.K. Vs State of Kerala