Petitioner challenged a supply matter. The Court held an effective appeal remedy existed under the Kerala Targeted Public Distribution System (Control) Order and dismissed the writ petition, advising the petitioner to exhaust that remedy first.
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 V.G.ARUN
MONDAY, THE 9TH DAY OF JANUARY 2023 / 19TH POUSHA, 1944
WP(C) NO. 479 OF 2023
PETITIONER:
BABY, AGED 72 YEARS S/O MOONUPEDICKAL KUJUVAREETH , RESIDING AT MOONUPEDICKAL HOUSE, THOTTAKAM .P.O , MATTOOR, ERNAKULAM - 683574 BY ADVS. K.R.AVINASH (KUNNATH) ABDUL RAOOF PALLIPATH PRAJIT RATNAKARAN
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY. DEPARTMENT OF FOOD & CIVIL SUPPLY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001 2 THE DIRECTOR OF CIVIL SUPPLIES OFFICE OF THE DIRECTOR OF CIVIL SUPPLIES PUBLIC OFFICE BUILDING, OPP. MUSEUM, VIKAS BHAVAN.P.O, THIRUVANANTHAPURAM - 695033
3 THE DISTRICT COLLECTOR ERNAKULAM, COLLECTORATE - ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM - 682030 4 THE DISTRICT SUPPLY OFFICER DISTRICT SUPPLY OFFICE- ERNAKULAM DISTRICT SUPPLY OFFICE, CIVIL STATION, CIVIL STATION RD, KAKKANAD, ERNAKULAM - 682030 5 THE THALUK SUPPLY OFFICER TALUK SUPPLY OFFICE - ALUVA SUB JAIL RD, PERIYAR NAGAR, ALUVA, ERNAKULAM - 683101
W.P.(C).479/2023
2
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
GP AMMINIKUTTY K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).479/2023
3
JUDGMENT
Dated this the 9th day of January, 2023
In so far as the petitioner has an efficacious remedy of appeal under Clause 62 of the Kerala Targeted Public Distribution System (Control) Order, I am not inclined to entertain this writ petition.
The writ petition is hence closed, reserving the petitioner's right to avail the appellate remedy and to raise all contentions before the appellate authority.
Sd/-
V.G.ARUN
JUDGE
sb
W.P.(C).479/2023
4
APPENDIX OF WP(C) 479/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF ORDER NO: DSOEKM/1052/2022 - CS5 DATED 18.11.2022 OF THE DISTRICT SUPPLY OFFICER - ERNAKULAM Exhibit P2 THE TRUE COPY OF ORDER DATED NUMBER - NIL DATED18.11.2022 OF TALUK SUPPLY OFFICER - ALUVA
1 issue framed by the court
Whether the petitioner has an efficacious remedy of appeal under Clause 62 of the Kerala Targeted Public Distribution System (Control) Order, thereby precluding the filing of this writ petition.
BABY, AGED 72 YEARS S/O MOONUPEDICKAL KUJUVAREETH
THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOOD & CIVIL SUPPLY
THE DIRECTOR OF CIVIL SUPPLIES
THE DISTRICT COLLECTOR ERNAKULAM
THE DISTRICT SUPPLY OFFICER
THE THALUK SUPPLY OFFICER
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
