Disposed

Geetha Parameswaran, v. State of Kerala

Kerala HC22 Nov 2022WP(C)/32567/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the grant of a license to the 5th respondent. Noting the existence of an internal appeal remedy, the Court directed the District Collector to decide the appeal if preferred within the stipulated time, providing an opportunity of hearing to the respondent.

What did the court decide?

The writ petition was disposed of leaving it for the District Collector to pass orders on the appeal preferred by the petitioner.

Geetha Parameswaran, Vs State of Kerala — Kerala HC (2022) — 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 V.G.ARUN

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TUESDAY, THE 22^ND DAY OF NOVEMBER 2022 / 1ST AGRAHAYANA, 1944

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WP(C) NO. 32567 OF 2022

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PETITIONER:

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1 GEETHA PARAMESWARAN, AGED 47 YEARS W/O.PARAMESWARAN, ARAKKAL HOUSE, ANTHINADU P.O,KOTTAYAM-686651.

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BY ADV. RESMI NANDANAN

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RESPONDENTS:

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*1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT FOOD AND CIVIL SUPPLIES, THIRUVANANTHAPURAM, KERALA-695033. 2 THE CIVIL SUPPLIES COMMISSIONER , OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES,THIRUVANTHAPURAM,KERALA-695033. 3 DISTRICT SUPPLY OFFICER, DISTRICT SUPPLY OFFICE, CIVIL STATION, COLLECTORATE P.O KOTTAYAM-686002. 4 TALUK SUPPLY OFFICER, TALUK OFFICE MEENACHIL, KOTTAYAM. 686575. 5 BINOV JOSE, AGED 48 YEARS,S/O. GEORGE JOSEPH, VETTUKATTIL ILLAM,VELLAPPAD, PALA-686575. 6 ADDL. R6 THE DISTRICT COLLECTOR, KOTTAYAM, KERALA 686002 (SUO MOTU IMPLEADED AS PER JUDGMENT DATED 22.11.2022) BY ADVS. AMMINIKUTTY.K, GOVERNMENT PLEADER SUDHISH M.MANJU(K/003562/1999) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)NO.32567 OF 2022

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JUDGMENT

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Dated this the 22^nd day of November, 2022

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The challenge in this writ petition is against the proceedings by which the 5^th respondent is appointed as licensee for Authorised Retail Depot (ARD) No.220 in Meenachil Taluk. According to the petitioner, she was the sales women of ARD No.220 for a long period of time and grant of license in favour of the 5^th respondent, the son of the original licensee, is in violation of the provisions of the Kerala Targeted Public Distribution System (Control) Order, 2021.

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When the matter was taken up for consideration on the earlier occasion, learned Counsel for the petitioner was told that, there is a provision for appeal against grant of license under the Kerala Targeted Public Distribution System (Control) Order, 2021.

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Learned Counsel for the petitioner informs that the petitioner has preferred an appeal against Ext.P6 before the District Collector, Kottayam on 16.11.2022.

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In the nature of the order I propose to pass,

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W.P.(C)NO.32567 OF 2022

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the District Collector, Kottayam, Kerala 686002, is suo motu impleaded as additional 6^th respondent. Learned Government Pleader takes notice for the additional respondent.

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The writ petition is disposed of, without entering into the disputed questions involved and leaving it open for the District Collector/additional 6^th respondent to pass orders on the appeal preferred by the petitioner, provided the appeal is received within the time stipulated or is accompanied by an application for condonation of delay. Needless to say, while deciding the appeal, the 5^th respondent should also be afforded an opportunity of hearing. The District Collector shall take earnest efforts to dispose the appeal expeditiously.

Sd/-

V.G.ARUN

JUDGE

NB/22-11

W.P.(C)NO.32567 OF 2022

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APPENDIX OF WP(C) 32567/2022

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PETITIO	NER’S EXHIBITS
EXHIBIT	P1	A TRUE COPY OF THE DATED 26.02.2021.	PROCEDURE NO.C.S4-265/2021
EXHIBIT	P2	A TRUE COPY OF THE SUPPLY OFFICER ON 2	REGISTER ISSUED BY THE TALUK 7/02/2021 .
EXHIBIT	P3	A TRUE COPY OF THE THE DECEASED LICENS	CONSENT DATED 2.03.2005 BY EE.
EXHIBIT	P4	A TRUE COPY OF THE INAUGURATION PROGRA PENDING FILES.	MINUTES DATED 13/11/2021 OF MME OF COMPLETION PROCESS OF
EXHIBIT	P5	A TRUE COPY OF THE 4TH RESPONDENT.	REPLY DATED 18.05.2022 BY
EXHIBIT	P6	A TRUE COPY OF THE 3RD RESPONDENT.	REPLY DATED 05.08.2022 BY
EXHIBIT	P7	A TRUE COPY OF THE DISTRIBUTION SYSTEM	AADHAAR ENABLED PUBLIC -AEPDS 5/10/2022.
EXHIBIT	P8	A TRUE COPY OF THE THE 3RD RESPONDENT	COMPLAINT DATED 3/10/2022 TO SUBMITTED BY THE PETITIONER.

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RESPONDENTS’ EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Geetha Parameswaran, v. State of Kerala

Case brief

What is this about?

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Geetha Parameswaran, v. State of Kerala

Case brief

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