Disposed

Jijo Mathew@Gijo Mathew v. the Principal Secretary to Govt

Kerala HC20 Jan 2021WP(C)/380/2021

Case brief

AI extract

What is this about?

The Court disposed of two connected writ petitions concerning the shifting of an Authorized Retailer Deemed Dealer (ARD). It directed the District Collector to hear the appeal filed by the licensee and pass orders after giving both petitioners an opportunity of hearing within six weeks, dismissing the contention regarding locus standi by directing the statutory authority to adjudicate.

What did the court decide?

Directed the second respondent (District Collector) to consider and pass orders on the appeal filed by the petitioner in W.P.(C).No.380 of 2021 after affording an opportunity of hearing to both petiti

Jijo Mathew@Gijo Mathew Vs the Principal Secretary to Govt — Landlord and Tenant | 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 SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942 WP(C).No.380 OF 2021(V)

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PETITIONER:

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JIJO MATHEW @ GIJO MATHEW AGED 25 YEARS S/O. GEO MATHEW, PUTHENPEEDIKAYIL HOUSE, ELANKAD PO. 686 514, KOTTAYAM DISTRICT.

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BY ADV. SRI.P.A.SALIM

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RESPONDENTS:

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1 THE PRINCIPAL SECRETARY TO GOVT FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, TRIVANDRUM 685 001.

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2 THE DISTRICT COLLECTOR, KOTTAYAM (APPELLATE AUTHORITY) CIVIL STATION, CIVIL STATION P.O. KOTTAYAM, 686 501.

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3 THE DISTRICT SUPPLY OFFICER, KOTTAYAM, OFFICE OF THE DISTRICT SUPPLY OFFICER, CIVIL STATION P.O. 686 501, KOTTAYAM.

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4 THE TALUK SUPPLY OFFICER, KANJIRAPPALLY TALUK, OFFICE OF THE TALUK SUPPLY OFFICER, MINI CIVIL STATION, KANJIRAPPALLY-686 507.

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OTHER PRESENT:

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SMT.VINITHA.B ,GP

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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:

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WP(C).Nos.380 & 1163 OF 2021(V)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

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WP(C).No.1163 OF 2021(U)

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PETITIONER:

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BINU K.C., AGED 37 YEARS S/O. K. V. CHANDRAN, KUMMANCODE HOUSE, THALUMKAL P. O., KOOTTICKAL, KOTTAYAM - 686514.

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BY ADV. SRI.I.DINESH MENON

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE DISTRICT SUPPLY OFFICER, KOTTAYAM O/O. THE DISTRICT SUPPLY OFFICER, CIVIL STATION P. O., KOTTAYAM - 686501.

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3 TALUK SUPPLY OFFICER KANJIRAPPALLY TALUK, O/O. THE TALUK SUPPLY OFFICER, KANJIRAPPALLY P. O., KANJIRAPPALLY - 685001.

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4 JIJO MATHEW, AGED 24 YEARS S/O. GEO MATHEW, PUTHENPEEDIKAYIL (H), ELANKAD P. O., KOTTAYAM - 686514.

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5 KERALA STATE ELECTION COMMISSION JANAHITHAM, TC -27/6(2), VIKAS BHAVAN P. O., THIRUVANANTHAPURAM - 685033.

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BY SHRI.MURALI PURUSHOTHAMAN, SC BY SMT.VINITHA.B ,GP

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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:

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WP(C).Nos.380 & 1163 OF 2021(V)

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J U D G M E N T

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Petitioner in W.P.(C).No.380 of 2021, who is the

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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.

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In W.P.(C).No.1163 of 2021 petitioner

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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.

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Whatever be the disputes between the parties, it is seen that the licensee has filed an appeal before the statutory authority and therefore it is to be considered by second respondent in accordance with law.

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Learned Government Pleader on instructions

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submits that Ext.P8 (W.P.(C).No.380 of 2021) appeal

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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.

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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.

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Sd/- P.V.ASHA, JUDGE

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WP(C).Nos.380 & 1163 OF 2021(V)

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APPENDIX OF WP(C).NO.380/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 3RD RESPONDENT DATED 30.06.2017.

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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.

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EXHIBIT P3 TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DATED 06.01.2020.

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EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 3.07.2020.

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EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 09.07.2020.

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EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THE HONBLE HIGH COURT OF KERALA IN WPC NO.14999/2020 DATED 24.07.2020.

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EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 3RD RESPONDENT DATED 13.10.2020.

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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.

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WP(C).Nos.380 & 1163 OF 2021(V)

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APPENDIX OF WP(C) 1163/2021

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PETITIONER'S EXHIBITS:

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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.

Jijo Mathew@Gijo Mathew v. the Principal Secretary to Govt

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Jijo Mathew@Gijo Mathew v. the Principal Secretary to Govt

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