Allowed

Sulochana, v. the District Supply Officer

Kerala HC21 Feb 2022WP(C)/457/2022

Case brief

AI extract

What is this about?

Petitioner sought direction to grant more time to produce Legal Heir Certificate for ration shop license. Court disposed of the petition allowing production of certificate before the second respondent and directing them to consider the complete application in law.

What did the court decide?

Petitioner permitted to produce Legal Heir Certificate; respondents to consider application and decide in law.

Sulochana, Vs the District Supply Officer — 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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MONDAY, THE 21^ST DAY OF FEBRUARY 2022/2ND PHALGUNA, 1943 WP(C) NO. 457 OF 2022

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PETITIONER:

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SULOCHANA, AGED 45 YEARS, D/O. LATE KUTTIKRISHNAN, MANJERI HOUSE, KADIKKAD, PUNNAYOORKULAM POST, CHAVAKKAD TALUK, THRISSUR DISTRICT-679 561.

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BY ADV BINU V V VEETTIL VALAPPIL

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RESPONDENTS:

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1 THE DISTRICT SUPPLY OFFICER, OFFICE OF THE DISTRICT SUPPLY OFFICER, UP HILL, MALAPPURAM-676 505.

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2 THE TALUK SUPPLY OFFICER, TALUK SUPPLY OFFICE PONNAI, PONNANI P.O., PONNANI TALUK, MALAPPURAM DISTRICT-679 577.

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3 THE TAHSILDAR, TALUK OFFICE, PONNANI, PONNANI NAGARAM POST, PONNANI TALUK, MALAPPURAM DISTRICT-679 577.

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SRI.APPU P.S., G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.457/2022

JUDGMENT

Dated this the 21^st day of February, 2022

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The petitioner, who is the daughter of late Kuttikrishnan, who was a licensee of a ration shop No. ARD 24, Kadavanad in Ponnani Municipality, approached this Court seeking to direct the 2^nd respondent to give some more time to the petitioner to produce Legal Heir Certificate.

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The petitioner contended that she made an application for getting licence of the ration shop No.ARD 24, subsequent to the demise of her father. Respondents 1 and 2 insisted production of Legal Heir Certificate immediately. The petitioner applied for Legal Heir Certificate on 22.12.2021. Issuance of the certificate may take further time. The petitioner requested the 2^nd respondent to grant some more time to produce Legal Heir Certificate. But, the 2^nd respondent informed that they could not extend the time

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WP(C)No.457/2022

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to produce Legal Heir Certificate. The 2^nd respondent stated that if the petitioner could not produce the Legal Heir Certificate within one week, the application could not be considered. It is in the circumstances that the petitioner has approached this Court.

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When this writ petition came up for admission on 07.01.2022, this Court passed an interim order that the implementation of Ext.P2 will stand deferred. The interim order was extended from time to time.

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When this writ petition came up for hearing today, the learned counsel for the petitioner submitted that the petitioner had obtained the Legal Heir Certificate which will be produced before the 2^nd respondent for processing the application submitted by the petitioner for ARD licence.

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The learned Government Pleader submitted that if

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the petitioner produces the Legal Heir Certificate and if the petitioner is otherwise eligible for getting licence, and if the

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application submitted by the petitioner is complete in all respects, then the application can be considered in accordance with law.

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In the circumstances, the writ petition is disposed of permitting the petitioner to produce the Legal Heir Certificate before the 2^nd respondent. Respondents 1 and 2 shall consider the application and all other supporting documents including Legal Heir Certificate and shall take a decision in the matter in accordance with law.

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Sd/-

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N. NAGARESH JUDGE

ncd/21.02.2022

APPENDIX OF WP(C) 457/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE OF THE ABOVE MENTIONED KUTTIKRISHNAN, DATED 07/10/2021. Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 20/12/2021. Exhibit P3 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT, DATED 29/12/2021. Exhibit P4 TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE, DATED 13/12/2021.

Sulochana, v. the District Supply Officer

Case brief

What is this about?

What did the court decide?

Sulochana, v. the District Supply Officer

Case brief

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