Dismissed

Purathur Maveli Store Samrashana Samathi Purathur Represented by Its Convener v. State of Kerala Represented by Its Principal Secretary

Kerala HC9 Feb 2022WP(C)/2766/2022

Case brief

AI extract

What is this about?

The Court dismissed this writ petition challenging the decision to shift a water-damaged Maveli Store about 2 km away and upgrade it to a Super Market, holding that such policy decisions are within the respondents' domain.

What did the court decide?

The writ petition failed and it is dismissed; no interference is called for in the matter.

Purathur Maveli Store Samrashana Samathi Purathur… — Consumer Protection | 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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WEDNESDAY, THE 9^TH DAY OF FEBRUARY 2022/20TH MAGHA, 1943 WP(C) NO. 2766 OF 2022

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PETITIONERS:

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1 PURATHUR MAVELI STORE SAMRASHANA SAMATHI PURATHUR PO, TIRUR, MALAPPURAM DISTRICT KERALA STATE PIN 676 101 REPRESENTED BY ITS CONVENER KUMARAN.M.P, MANNIPARAMBIL HOUSE PURATHUR PO, TIRUR, MALAPPURAM DISTRICT KERALA, PIN – 676102

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2 KUMARAN.M.P AGED 70 YEARS S/O.KUNJTTY RESIDING AT MANNIPARAMBIL HOUSE PURATHUR P O, TIRUR, MALAPPURAM DISTRICT KERALA PIN 676 102

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BY ADVS. PRATHAP. S.R.K. JISSMON A KURIAKOSE MAHENDRAKUMAR K. ANN OLIVIA VALLAVANADAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN 695 001

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2 THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD REPRESENTED BY THE MANAGING DIRECTOR AND CHIEF EXECUTIVE OFFICER, MAVELI ROAD, GANDHI NAGAR KOCHI 682 020

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W.P.(C) No.2766/2022

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3 THE MANAGING DIRECTOR AND CHIEF EXECUTIVE OFFICER KERALA STATE CIVIL SUPPLIES CORPORATION MAVELI ROAD, GANDHI NAGAR, KOCHI, ERNAKULAM DISTRICT PIN 682 020

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4 THE DEPOT MANAGER SUPPLYCO TALUK DEPOT MOOCHIKAL, TIRUR MALAPPURAM DISTRICT PIN 676 207

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BY ADV SMT.MOLLY JACOB,SC,SUPPLYCO

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.2766/2022

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N. NAGARESH, J.

Dated this the 9^th day of February, 2022

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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The petitioners are a collective of people of Purathur Grama Panchayat. The petitioners have filed this writ petition seeking to direct respondents 2 and 3 to take appropriate action on Ext.P3 representation submitted before the 4^th respondent. The petitioners also seek to direct respondents 2 and 3 to restrain from shifting the present Maveli Store at Purathur Village to another place.

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The petitioners state that the Maveli Store is functioning at Purathur Grama Panchayat for the last seven years. The Maveli Store is catering the needs of local residents. The citizens in the locality came to know that respondents 2 and 3 have decided to upgrade the Maveli

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W.P.(C) No.2766/2022

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Store to Supplyco Super Market and shift the same to another premises, 5 Km. away. Therefore, the petitionerSamithi was formed by the local people. About 160 local residents submitted a mass memorandum to the 4^th respondent. It was followed up by other representations to the respondents. In spite of the submission of the mass memorandum, respondents 2 and 3 are going ahead with the shifting of the Maveli Store from the present premises.

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The learned counsel for the petitioners submitted that the present Maveli Store is situated in an area where maximum number of residents of the Panchayat have easy acess. Shifting of the Maveli Store to a place 5 Km. away will put a large number of people, especially the people below poverty line, to difficulty. The learned counsel for the petitioners contended that the decision of the respondents to upgrade the Maveli Store into Supplyco Super Market is unwarranted. In the Super Market, articles especially the essential commodities, are sold at a higher price. The upgradation of Maveli Store into Supplyco Super Market

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would put the people below poverty line to great financial difficulty. There is no Maveli Store in the Panchayat selling essential commodities at fair rate. The sole motive of the respondents to shift the Maveli Store is to upgrade it into a Super Market and charge more price for essential commodities.

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The learned counsel for the petitioners further argued that the National Food Security Act, 2013 guarantees food for every citizen at subsidised rates. The action of the respondents in shifting the Maveli Store to a distant place and upgrading the same to sell the commodities at a higher price, violates the provisions contained in Section 3 of the National Food Security Act, 2013.

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The 2^nd respondent filed a Statement and contested the writ petition. The 2^nd respondent stated that under the Tirur Supplyco Depot, one Maveli Store is functioning at Purathur Grama Panchayat at Swamippadi. In 2018 and 2019, when floods occurred, water flooded into the Maveli Store and damaged large quantities of food items.

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Therefore, anticipating similar possibilities in future, it was decided to shift the Maveli Store to a more safer place.

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The learned Standing Counsel for the 2^nd respondent submitted that the volume of business transacted in the Maveli Store has increased to an extent that according to the norms followed by the respondents, it can be upgraded as a Super Market. The proposal was discussed by the Regional Manager of Supplyco with the local MLA, Panchayat President and Panchayat Members. They also expressed concurrence in the matter.

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The complaint filed by the petitioners was duly considered. The petitioners were heard. The petitioners, during the hearing of the matter, agreed to find a suitable place in the very same locality. However, no suitable place to house the Maveli Store was available anywhere near. There is a building at the newly proposed site having 2000 square feet. The said building is hardly 2 Km. away from the existing Maveli Store.

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The learned Standing Counsel further pointed out

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that the proposed site is near the Purathur High School. Two Harijan colonies are situated nearby. The present location is more convenient to larger number of public. Therefore, the arguments of the petitioners have no legs to stand.

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I have heard the learned counsel for the petitioners, the learned Government Pleader representing the 1^st respondent and the learned Standing Counsel for respondents 2 to 4.

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The fact that during the 2018 floods as well as in 2019 floods, commodities stored in the present Maveli Store were damaged by flood water, is not disputed. Therefore, it is necessary that the Maveli Store be shifted from the existing place. The respondents have stated that they could not locate a convenient place at the present area and they could trace a suitable building about 2 Km. away near the Purathur High School. Therefore, the situation demands that the present Maveli Store is shifted to a new place which is hardly 2 Km. far from the existing place.

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It is also submitted by respondents 2 to 4 that the

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volume of business being transacted by the Maveli Store coming under the Tirur Supplyco Depot is of such a volume that it can be upgraded as a Super Market, which will cover the needs of the local population in a better way. This is a matter of policy to be decided by respondents 2 to 4 on the basis of the norms they are following. This Court cannot, in exercise of the powers under Article 226 of the Constitution, direct the respondents not to upgrade a Maveli Store into a Super Market.

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Taking into consideration the facts and

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circumstances of the case, this Court is of the view that no interference is called for in the matter. The writ petition fails and it is accordingly dismissed.

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Sd/-

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N. NAGARESH, JUDGE

aks/15.02.2022

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APPENDIX OF WP(C) 2766/2022

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PETITIONER'S EXHIBITS

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Exhibit P1	TRUE COPY OF THE MINUTES DATED
	30/09/2021 ENTRUSTING THE 2ND PETITIONER TO ATTEND ON BEHALF OF THE 1ST PETITIONER
Exhibit P2	TRUE COPY OF THE DECISION TAKE BY THE ACTION COUNCIL AND EXTRACT OF ATTENDANCE OF THE MEMBERS ATTENDED MEETING ON 20/12/2021
Exhibit P3	TRUE COPY OF THE MEMORANDUM ALONG WITH A TYPED COPY AND THE RELEVANT PAGES OF SIGNATURE OF THE PEOPLE SIGNED AGAINST SHIFTING OF 332X MAVELI STORE IN PURATHOOR GRAMA PANCHAYAT SUBMITTED BEFORE THE 4TH RESPONDENT
Exhibit P4	TRUE COPY OF THE STATEMENT DATED 28/10/2021 GIVEN BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT
Exhibit P5	TRUE COPY OF THE STATEMENT DATED 28/10/2021 GIVEN BY SHRI.KRISHAN.G BEFORE THE 4TH RESPONDENT
Exhibit p6	TRUE COPY OF THE STATEMENT DATED 28/10/2021 GIVEN BY SHRI.MANIKANDAN BEFORE THE 4TH RESPONDENT
Exhibit P7	TRUE COPY OF THE COVERING LETTER SUBMITTED BEFORE THE 3RD RESPONDENT ALONG WITH COPY OF THE ACKNOWLEDGEMENT CARD
Exhibit P8	TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD SHOWING THE RECEIPT OF REPRESENT BY THE MINISTER FOR FOOD AND CIVIL SUPPLIES
Exhibit P9	TRUE COPY OF THE LETTER NO: 5574698/2021/ MIN/F&CS DATED 30/10/2021ISSUED BY THE OFFICE OF THE MINISTER, FOOD AND CIVIL SUPPLIES
Exhibit P10	TRUE COPY OF THE MEMORANDUM SUBMITTED
	BEFORE THE MEMBER OF LEGISLATIVE ASSEMBLY ON 27/11/2021

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Exhibit P11 TRUE COPY OF THE LETTER NO: PIO42987/21 DATED 24/12/2021 ISSUED BY THE PURCHASE MANAGER AND STATE PUBLIC INFORMATION OFFICER, KERALA STATE CIVIL SUPPLIES CORPORATION ALONG WITH A LEGIBLE COPY Exhibit P12 TRUE COPY OF THE TABLES SHOWING A COMPARISON OF SUPPLYCO AND MARKET PRICES PUBLISHED BY CENTRE FOR PUBLIC POLICY RESEARCH ,KOCHI DOWNLOADED FROM THE WEBSITE

Purathur Maveli Store Samrashana Samathi Purathur Represented by Its Convener v. State of Kerala Represented by Its Principal Secretary

Case brief

What is this about?

What did the court decide?

Purathur Maveli Store Samrashana Samathi Purathur Represented by Its Convener v. State of Kerala Represented by Its Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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