Allowed

K.T. Abdurahiman Haji & Co. v. District Supply Officer, Kozhikode

Kerala HC15 Dec 2021WP(C)/5484/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of two writ petitions challenging the failure to refund dues to former Authorized Wholesale Distributors. The Government Pleader conceded liability due to pending audit. The court directed the District Supply Officer to transfer the amount to Supplyco within three months and Supplyco to pay the petitioners within two weeks.

What did the court decide?

Direction to 1st respondent to transfer amount to 4th respondent within three months and 4th respondent to disburse to petitioners within two weeks of receipt.

K.T. Abdurahiman Haji & Co. Vs District Supply Officer, Kozhikode — Kerala HC (2021) — LawSathi Research

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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.V.KUNHIKRISHNAN WEDNESDAY, THE 15^TH DAY OF DECEMBER 2021 / 24TH AGRAHAYANA,

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1943

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WP(C) NO. 4897 OF 2018

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PETITIONER:

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V.C.FABITHA
AGED 39 YEARS
AWD NO. 8, J.T. ROAD, VADAKARA.
BY ADVS.
SRINATH GIRISH
V.NAMITHA

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RESPONDENTS:

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1 DISTRICT SUPPLY OFFICER CIVIL STATION, KOZHIKODE - 673 001

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2 TALUK SUPPLY OFFICER VADAKARA - 673 101

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3 ASSISTANT MANAGER

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SUPPLY COMPANY, LOKANARKAVU, VADAKARA - 673 101.

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4 KERALA STATE CIVIL SUPPLIES CORPORATION MAVELIBHAVAN, MAVELI ROAD, GANDHI NAGAR, KOCHI-682 020.

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5 DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS, STATE OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001 REPRESENTED BY ITS SECRETARY.

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BY ADV GOVERNMENT PLEADER

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OTHER PRESENT:

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SMT.MOLLY JACOB, SC FOR SUPPLYCO,
SMT.VIDYA KURIAKOSE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.12.2021, ALONG WITH WP(C).5484/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).Nos.4897 & 5484 of 2018

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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.V.KUNHIKRISHNAN
WEDNESDAY, THE 15TH DAY OF DECEMBER 2021 / 24TH

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AGRAHAYANA, 1943

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WP(C) NO. 5484 OF 2018

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PETITIONER:

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K.T. ABDURAHIMAN HAJI & CO.

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AGED 60 YEARS

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FGL NO.A 61, AWD NO.10,J.T.ROAD, VADAKARA,REP-BY
ITS MANAGING PARTNER P.V.MAMMU.

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BY ADVS.

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SRINATH GIRISH

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V.NAMITHA

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RESPONDENTS:

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1 DISTRICT SUPPLY OFFICER, KOZHIKODE

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CIVIL STATION,KOZHIKODE 673020,.

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2 TALUK SUPPLY OFFICER

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VADAKARA-673101

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3 ASST.MANAGER

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SUPPLY CO, KOKANARKAVU,VADAKARA-673101.

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ADDL.R4 KERALA STATE CIVIL SUPPLIES CORPORATION MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, KOCHI682020.

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ADDL.R5 DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS STATE OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001, REPRESENTED BY BY ITS SECRETARY.

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(ADDL.R4 AND R5 ARE IMPLEADED AS PER ORDER DATED
16/10/2018 IN IA.02/2018)

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SMT.MOLLY JACOB, SC FOR SUPPLYCO,
SMT.VIDYA KURIAKOSE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.12.2021, ALONG WITH WP(C).4897/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).Nos.4897 & 5484 of 2018

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P.V.KUNHIKRISHNAN, J.

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W.P.(C).Nos.4897 & 5484 of 2018 ---------------------------------------------Dated this the 15^th day of December, 2021

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JUDGMENT

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In these two writ petitions, prayers are common and therefore, I am disposing these writ petitions by a common judgment. The prayers in W.P.(C). No.4897 of 2018 are as follows:

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i. Issue a writ of mandamus or any other appropriate writ directing the respondents 4 and 5 herein to allow the refund of Rs.4,77,253.72/along with the commission and transportation charges due with interest to the petitioner.

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ii. Grant such other reliefs as this Hon’ble Court may deem fit and proper to grant in the light of facts and circumstances of the case and in the interests of justice.

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Petitioners are Authorised Wholesale Distributors

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appointed under Clause 51(1) of the Kerala Rationing Order, 1966. It is the case of the petitioners that after the implementation of the National Food Security Act, the Government appointed Supplyco as the Authorised Agency as

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W.P.(C).Nos.4897 & 5484 of 2018

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per Clause 2(g) of the Targeted Public Distribution System (Control) Order, 2015, and hence decided that the service of the Authorized Wholesale Distributors (AWDs) is not necessary and their service can be terminated. Therefore, the rationed articles left at the godowns of the existing AWDs were to be handed over to the Supplyco. Accordingly, a mahazar was prepared by the competent authority after quantifying the left over rationed articles remaining in the petitioners’ godown. According to the petitioners, the quantified rationed articles were thus handed over to the Supplyco. Thereafter the petitioners made request before the 1^st respondent with copies to respondents 2 and 3, requesting that certain amounts are to be refunded to the petitioners along with the commission and transportation charges. Ext.P2 produced in these writ petitions are the requests. Even now the amounts are not disbursed. Hence these writ petitions are filed.

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Heard the counsel for the petitioners and the Government Pleader.

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The Government Pleader conceded that the amount

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is to be paid to the Supplyco and the Supplyco has to pay the

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W.P.(C).Nos.4897 & 5484 of 2018

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amount to the petitioners. The Government Pleader submitted that some audit is going on in the concerned department and therefore, three months time may be necessary for disbursing the amount.

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In the light of the above submission of the Government Pleader, these writ petitions are disposed in the following manner:

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The 1^st respondent in these cases will transfer the amount payable to the petitioners to the 4^th respondent in W.P.(C). No.4897 of 2018, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.

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Once the amount is received, the 4^th respondent in the above writ petition will disburse the amount to the petitioners forthwith, at any rate, within two weeks from the date of receipt of the amount from the 1^st respondent.

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sd/- P.V.KUNHIKRISHNAN JUDGE

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W.P.(C).Nos.4897 & 5484 of 2018

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APPENDIX OF WP(C) 4897/2018

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PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE MAHAZAR DATED
14/06/2017
EXHIBIT P2TRUE COPY OF THE REQUEST DATED
02/01/2018 SENT TO THE 1ST RESPONDENT
WITH COPIES TO THE 2ND RESPONDENT AND
3RD RESPONDENT.
EXHIBIT P3TRUE COPY OF THE ACKNOWLEDGMENTS
SHOWING RECEIPT OF EXT. P2.
RESPONDENT EXHIBITS
EXHIBIT R4(A)TRUE COPY OF THE LETTER NO.(CS)A1-
30295/12(1O DATED 8.3.17 OF THE
DIRECTOR OF CIVIL SUPPLIES ADDRESSED
TO THE CHAIRMAN AND MANAGING DIRECTOR
OF 4TH RESPONDENT CORPORATION.
EXHIBIT R4(B)TRUE COPY OF THE LETTER NO.A1-1073/17
DATED 5.11.2018 OF ADDL. GENERAL
MANAGER, FINANCE TO ALL DEPOT
MANAGERS.
EXHIBIT R4(C)TRUE COPY OF THE LETTER NO.NFSA
2/5785/15 DATED 3.4.18 OF CHAIRMAN AND
MANAGING DIRECTOR OF CIVIL SUPPLIES
CORPORATION ADDRESSED TO THE DIRECTOR
OF SUPPLIES.

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W.P.(C).Nos.4897 & 5484 of 2018

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APPENDIX OF WP(C) 5484/2018

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PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE MAHAZAR DATED
16/6/2017
EXHIBIT P2TRUE COPY OF THE REQUEST DATED
2/1/2018 SENT TO THE IST RESPONDENT
WITH COPIES TO THE 2ND RESPONDENT AND
3RD RESPONDENT.
EXHIBIT P3TRUE COPY OF THE ACKNOWLEDGMENTS
SHOWING RECEIPT OF EXT.P2.
EXHIBIT P4COPY OF THE LETTER NO.NFSA2/5785/18
DATED 3.4.18 OF THE CHAIRMAN AND
MANAGING DIRECTOR OF CIVIL SUPPLIES
CORPORATION ADDRESSED TO THE DIRECTOR
OF CIVIL SUPPLIES

K.T. Abdurahiman Haji & Co. v. District Supply Officer, Kozhikode

Case brief

What is this about?

What did the court decide?

K.T. Abdurahiman Haji & Co. v. District Supply Officer, Kozhikode

Case brief

What is this about?

What did the court decide?

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