Disposed

Antex P Joseph v. the State of Kerala

Kerala HC18 Jan 2022WP(C)/1625/2022

Case brief

AI extract

What is this about?

This judgment disposed of a writ petition wherein the petitioner, holding a temporary licence, challenged the suspension and cancellation of his licence without a hearing. The Court directed the First Respondent to consider the statutory revision petition within two months.

What did the court decide?

Directed the 1st respondent to consider the revision petition and pass appropriate orders within two months.

Antex P Joseph Vs the State of Kerala — Service and Employment | 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 N.NAGARESH

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TUESDAY, THE 18^TH DAY OF JANUARY 2022/28TH POUSHA, 1943 WP(C) NO. 1625 OF 2022

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PETITIONER:

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ANTEX P. JOSEPH, S/O JOSEPH, AGED 53 YEARS, KALARIKKAL HOUSE, PUNNAKKUNNU, KASARGOD DISTRICT-671 533.

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BY ADVS. GEORGE SEBASTIAN PREMSON PAUL

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF CIVIL SUPPLIES, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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2 THE COMMISSIONER, CIVIL SUPPLIES DEPARTMENT, OPP MUSEUM, VIKAS BHAVAN, PUBLIC OFFICE,

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THIRUVANANTHAPURAM, PIN CODE-695 033.

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3 THE DISTRICT COLLECTOR, KASARGOD, CIVIL STATION, VIDYANAGAR, KASARGOD, KERALA-671 123.

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4 THE DISTRICT SUPPLY OFFICER, KASARGOD, DISTRICT SUPPLY OFFICE, CIVIL STATION, VIDYANAGAR, KASARGOD, PIN CODE-671 123.

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SRI.APPU P.S, G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.1625/2022

JUDGMENT

Dated this the 18^th day of January, 2022

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The petitioner, who was issued with a temporary licence to conduct ARD No.51 of West Eleri Grama Panchayat of Kasaragod District, has approached this Court seeking to direct the 1^st respondent to consider and pass orders on Ext.P6 in exercise of the revisional jurisdiction under Clause 71 of the Kerala Rationing Order.

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By Ext.P2 order, the petitioner's licence was

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suspended and cancelled by the 5^th respondent on the basis of a finding that there was shortage of articles, in the shop. Subsequently, the 4^th respondent passed Ext.P3 order, permanently cancelling the licence issued to the petitioner. The petitioner states that Exts.P2 and P3 were passed without providing an opportunity of hearing to the

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WP(C)No.1625/2022

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petitioner, and it is in violation of Clause 45(8) of the Kerala Rationing Order.

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The petitioner preferred Ext.P5 appeal before the 2^nd respondent. The appeal has not been disposed of. Therefore, the petitioner preferred a revision petition invoking Clause 71 of the Kerala Rationing Order before the 1^st respondent. As per Clause 63 of the Kerala Targeted Public Distribution System (Control) Order, 2021, the Government has got absolute power to revise the orders passed by the Subordinate Authorities. Therefore, the 1^st respondent can consider Ext.P6 representation filed by the petitioner.

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I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

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The petitioner has preferred Ext.P6 revision petition. Ext.P6 revision petition being of statutory nature,

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the 1^st respondent is bound to consider the revision petition in accordance with law within a reasonable time and pass appropriate orders.

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In the circumstances, the writ petition is disposed of directing the 1^st respondent to consider Ext.P6 revision petition filed by the petitioner and pass appropriate orders thereon, in accordance with law, within a period of two months.

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Sd/- N. NAGARESH JUDGE

ncd/18.01.2022

APPENDIX OF WP(C) 1625/2022

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PETITIONER'S EXHIBITS

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Exhibit P1	A TRUE COPY OF 2.5.2017 PASSED BY	THE ORDER DATED THE 4TH RESPONDENT
Exhibit P2	A TRUE COPY OF	THE ORDER DATED
	15.10.2019 PASSE RESPONDENT	D BY THE 5TH
Exhibit P3	A TRUE COPY OF	THE ORDER DATED
	24.10.2019 PASSE RESPONDENT	D BY THE 4TH
Exhibit P4	A TRUE COPY OF	THE ORDER DATED
	30.11.2019 PASSE RESPONDENT	D BY THE 2ND
Exhibit P5	A TRUE COPY OF	THE REPRESENTATION
	DATED 20.1.2020 PETITIONER TO THE	SUBMITTED BY THE 2ND RESPONDENT
Exhibit P6	A TRUE COPY OF	THE REPRESENTATION
	DATED 14.12.2021 PETITIONER TO THE	SUBMITTED BY THE 1ST RESPONDENT

Antex P Joseph v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Antex P Joseph v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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