Disposed

Santhakumari .M. v. the District Collector

Kerala HC17 Nov 2022WP(C)/12333/2022

Case brief

AI extract

What is this about?

In a writ petition regarding the grant of a Fair Price Shop licence to a Scheduled Caste Society, the Kerala High Court directed the District Collector to decide the matter under Clause 31 of the Kerala Targeted PDS (Control) Order after issuing notices to all concerned parties within two months.

What did the court decide?

The writ petition was disposed of by directing the 1st Respondent to decide the Ext.P5 representation in terms of Clause 31 of the Kerala Targeted PDS (Control) Order within two months after issuing n

Santhakumari .M. Vs the District Collector — Pension and Retirement Benefits | Kerala HC (2022)

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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 V.G.ARUN

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THURSDAY, THE 17^TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944

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W.P.(C) NO.12333 OF 2022

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PETITIONER:

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SANTHAKUMARI M.,

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AGED 44 YEARS, W/O. PACKIASWAMY, HOUSE NO 16/765, NETTIKUDY LOWER DIVISION, GUDARAVILA ESTATE, MUNNAR, PIN-685 612.

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BY ADVS. C.K. PAVITHRAN NEENU PAVITHRAN

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, KUYILIMALA, CIVIL STATION, IDUKKI-685 603.

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2 THE DISTRICT SUPPLY OFFICER, CIVIL STATION, IDUKKI-685 603.

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3 TALUK SUPPLY OFFICER, DEVIKULAM, IDUKKI-685 613.

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4 HIGHRANGE SCHEDULED CASTE SERVICE CO-OPERATIVE SOCIETY LTD, IDUKKI, PIN-685 603 REPRESENTED BY ITS SECRETARY

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*ADDL.R5 POOMARI, AGED 39 YEARS, W/O. MANIMUTHU, NAGARMUDY DIVISION, SEVEL MALAI ESTATE, MUNNAR P.O., PIN-685 612.

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*** IS IMPLEADED AS PER ORDER DATED 20.09.2022 IN I.A. NO. 1/2022 OF WP(C) 12333/2022. SRI. P. VISHNU PRASAD SRI. BABY KURIAKOSE SRI. M.V. ASHIM**

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SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.12333 OF 2022

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JUDGMENT

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Dated this the 17^th day of November, 2022

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The 2^nd respondent invited applications for selection and appointment of licence for the newly sanctioned Fair Price Shop in Ward No.16 in Devikulam Grama Panchayat. The licence was reserved only for Scheduled Caste Societies, established with objective of Scheduled Caste development. According to the petitioner, the 4^th respondent Society is not qualified or eligible to apply, since its area of operation is different from the area for which the FPS licence is being granted.

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Learned counsel for the petitioner emphasized on Clause 31(ii) of the Kerala Targeted Public Distribution System (Control) Order, as per which the applicant Society should have activities relating to agriculture promotion, public distribution system, consumer activities, distribution of agriculture commodities, marketing of agriculture produce, public welfare or related activities as one of its objects enumerated in the bye-laws and the area of operation to be

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W.P.(C) NO.12333 OF 2022

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within the local authority in which the Fair Price Shop situates. It is argued that the activities of the 4^th respondent is not in tune with Clause 31(ii) and its area of operation is not within the limits of the fair price shop proposed to be licensed. It is pointed out that the writ petition was necessitated in view of the illegal stand taken by the District Supply Officer, despite the Taluk Supply Officer's report that the 4^th respondent does not satisfy the requirements of Clause 31. It is pointed out that Ext.P5 representation filed by the petitioner is pending before the District Collector.

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Learned counsel for the 4^th respondent submitted that it is for the authority concerned to look into this aspect and the petitioner cannot seek for consideration by approaching this Court directly.

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Learned counsel for the additional 5^th respondent submitted that the petitioner being a member of Thevar community belonging to OBC has no right to challenge the grant of licence to a Scheduled Caste Co-operative Society.

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Learned Government Pleader submitted that by reason of the interim order, grant of licence for the Fair Price

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W.P.(C) NO.12333 OF 2022

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Shop is kept on hold and it will be appropriate to direct the competent authority to take a decision in the matter in accordance with law.

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The writ petition is accordingly disposed of, directing the 1^st respondent District Collector to take a decision on Ext.P5 representation in terms of the Kerala Targeted Public Distribution System (Control) Order with specific reference to Clause 31 therein. While taking such decision, the District Collector shall issue notice to the petitioner, 4^th respondent and additional 5^th respondent and hear their contentions. The decision, as directed above, shall be taken within two months of receipt of copy of this judgment. The interim order shall continue to be in force until a decision is taken by the 1^st respondent.

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Sd/- V.G.ARUN JUDGE

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bpr

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W.P.(C) NO.12333 OF 2022

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APPENDIX OF WP(C) 12333/2022

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE NOTIFICATION NO (CS) B2-365/21 DATED 15.9.2021 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 18.10.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 20.10.2021 SUBMITTED BY THE SOCIETY, HIGHRANGE SCHEDULED CASTE SERVICE CO-OPERATIVE SOCIETY LTD TO THE 2ND RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE REPORT DATED 18.11.2021 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE PETITION DATED 28.3.2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DISTRICT COLLECTOR.

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RESPONDENTS' EXHIBITS

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EXT.R4(A) TRUE COPY OF TRANSFER CERTIFICATE DATED 05.07.1985 ISSUED BY HEADMASTER, GOVT. HIGH SCHOOL KARUR, PUTHUR IN FAVOUR OF THAMILARASSI ALONG WITH ITS TRANSLATED COPY.

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EXT.R4(B) TRUE COPY OF THE COMPLAINT FILED BY THIS RESPONDENT DATED 23-03-2022.

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EXT.R4(C) TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 05.08.1982 ISSUED BY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES GENERAL.

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W.P.(C) NO.12333 OF 2022

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EXT.R4(D) TRUE COPY OF THE REGISTERED BYE LAW OF 4TH RESPONDENT. EXT.R6(E) TRUE COPY OF THE MEMBERSHIP REGISTER OF THE 4TH RESPONDENT SOCIETY. EXT.R4(F) TRUE COPY OF THE REPLY DATED 18.11.2021 SUBMITTED BY THE 4TH RESPONDENT SOCIETY BEFORE THE 2ND RESPONDENT. EXHIBIT R5(A) TRUE COPY OF THE COMPLAINT DATED 7.5.2022 SUBMITTED BEFORE VIGILANCE CELL DIRECTOR OF KIRTADS.

Santhakumari .M. v. the District Collector

Case brief

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Santhakumari .M. v. the District Collector

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