The High Court held the writ petition premature as the District Collector had not yet passed any decision on the proposed ration depot after receiving the petitioners' representation, warranting its dismissal.
The writ petition was dismissed because the matter was premature as no decision had been taken by the District Collector.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 10TH DAY OF JANUARY 2022/20TH POUSHA, 1943
WP(C) NO. 631 OF 2022
PETITIONERS:
2 B M ALTHAF, BUSHRA MANZIL, THANNIMOODE, PANACHAMOODU P.O., 695 505.
BY ADVS. V.PREMCHAND SURYA MOHAN P.
RESPONDENTS:
BY GOVT.PLEADER SRI.APPU P.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.631/2022
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JUDGMENT
Dated this the 10th day of January, 2022
By Ext.P3 notification, applications were invited for starting Authorised Ration Depot (ARD) in Ward No.14 of Vellarada Junction in Neyyattinkara Taluk. Certain persons, aggrieved by the selection made pursuant thereto, approached this Court filing WP(C) No.420/2010. This Court, by Ext.P4 judgment, directed that the District Collector should hear the matter after giving an opportunity of hearing to the petitioners in that writ petition. While holding so, this Court also held that the District Collector will consider the suggestion of the petitioners for alternative shop rooms for starting ARDs.
WP(C)No.631/2022
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within the area of operation of ARDs run by the petitioners. There are only 400 ration card holders in this area. If a new ARD is coming within this area, that will put the petitioners to great difficulties in viably running their ARDs.
WP(C)No.631/2022
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representation has been submitted before the District Collector. As the petitioners have approached the District Collector filing Ext.P7 representation, this Court finds no reason to believe that the District Collector will not consider Ext.P7. The learned Government Pleader submits that if Ext.P7 has been received by the District Collector, that will be looked into by the District Collector, unless orders have already been passed in the matter.
Recording the said submission, the writ petition is disposed of.
Sd/- N. NAGARESH JUDGE
ncd/10.01.2022
WP(C)No.631/2022
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APPENDIX OF WP(C) 631/2022
PETITIONERS' EXHIBITS
| Exhibit P1 | TRUE COPY DATED 24.0 SUPPLY OFFI |
OF THE APPOINTMENT ORDER 4.1994 ISSUED BY DISTRICT CER, THIRUVANANTHAPURAM. |
|---|---|---|
| Exhibit P2 | TRUE COPY DATED 16.0 SUPPLY OFFI |
OF THE APPOINTMENT ORDER 8.2017 ISSUED BY DISTRICT CER, THIRUVANANTHAPURAM. |
| Exhibit P3 | TRUE COPY 12.07.2006 SUPPLY OFFI |
OF THE NOTIFICATION DATED ISSUED BY THE DISTRICT CER, THIRUVANANTHAPURAM. |
| Exhibit P4 | TRUE COPY 06.10.2021 BY THE HONB |
OF THE JUDGMENT DATED IN WPC NO. 420/2010 PASSED LE HIGH COURT OF KERALA. |
| Exhibit P5 | TRUE COPY | OF THE PETITION DATED |
| 29.11.2021 RESPONDENT |
SUBMITTED BEFORE THE 3RD BY PETITIONERS. |
|
| Exhibit P6 | TRUE COPY 29.11.2021 RESPONDENT |
OF THE PETITION DATED SUBMITTED BEFORE THE 2ND BY PETITIONERS. |
| Exhibit P7 | TRUE COPY O 29.11.2021 RESPONDENT |
F THE REPRESENTATION DATED SUBMITTED BEFORE THE IST BY PETITIONERS. |
| Exhibit P8 | TRUE COP 27.12.2021 BY THE PETI |
Y OF PETITION DATED BEFORE THE IST RESPONDENT TIONER. |
| Exhibit P9 | ROUGH SKETC RATION SHOP |
H REVEALING THE LIE OF THE S. |
1 issue framed by the court
Whether the writ petition challenging the proposed establishment of an Authorised Ration Depot within the petitioners' territorial area is premature.
Colour shows how this judgement treated each authority
WP(C) No. 420/2010Explained¶20
SAJITHAKUMARI S., SHOBHA NANDHANAM
B M ALTHAF
THE DISTRICT COLLECTOR, COLLECTORATE, KUDAPPANAKUNNU, THIRUVANANTHAPURAM
THE DISTRICT SUPPLY OFFICER, CIVIL STATION ROAD, KUDAPPANAKUNNU, THIRUVANANTHAPURAM
THE TALUK SUPPLY OFFICER, ALUMOODU, NEYYATTINKARA, THIRUVANANTHAPURAM
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
