Petitioners challenging licence grant were informed the order was under appealable. Court rejected writs, noting Clause 62 of KTDPS Order, 2020 offers alternative remedy, reserving liberty to appeal within two weeks.
Writ petitions closed; liberty reserved to seek appellate remedy within two weeks.
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
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
WP(C) NO. 321 OF 2023
PETITIONER:
JAYASREE K.S., AGED 40 YEARS, D/O. LATE SOMAN, NEIPALLYVELY, PUNNAPRA P.O., AMBALPPUZHA TALUK, PARAVOOR VILLAGE, ALAPPUZHA DISTRICT, PIN-688 004.
BY ADVS. V.N.SANKARJEE SUKANYA S. V.N.MADHUSUDANAN R.UDAYA JYOTHI M.M.VINOD M.SUSEELA KEERTHI B. CHANDRAN VIJAYAN PILLAI P.K. C.PURUSHOTHAMAN NAIR NITHEESH.M
RESPONDENTS:
1 THE DISTRICT SUPPLY OFFICER, THE DISTRICT SUPPLY OFFICE, CIVIL STATION, ALAPPUZHA DISTRICT, PIN-688 002.
2 TALUK SUPPLY OFFICER, AMBALAPPUZHA TALUK, 5TH FLOOR, MINI CIVIL STATION, ALAPPUZHA DISTRICT, PIN-688 013.
3 RATIONING INSPECTOR, AMBALAPPUZHA TALUK, 5TH FLOOR, MINI CIVIL STATION, ALAPPUZHA DISTRICT, PIN-688 013.
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W.P.(C) NO.321 & 493 OF 2023
4 V.D. SANTHOSH KUMAR, AGED 48 YEARS, S/O. DASAN, PATHINANCHIL CHIRA, PUNNAPRA, ALAPPUZHA DISTRICT, PIN-688 004.
SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2023, ALONG WITH WP(C).493/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) NO.321 & 493 OF 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944 WP(C) NO. 493 OF 2023
PETITIONER:
K.P. UDAYAKUMAR, AGED 57 YEARS, S/O. LATE PADMANABHAN, KURIKKASSERIVELIYIL, PUNNAPRA P.O., AMBALPPUZHA TALUK, PARAVOOR VILLAGE, ALAPPUZHA DISTRICT, PIN-688 004.
BY ADVS. PRAVEEN.H. T.T.SHANIBA K.S.SMITHA NIKITA NAIR C.S. REVATHI P.M. AMAL DEV D
RESPONDENTS:
1 THE DISTRICT SUPPLY OFFICER, THE DISTRICT SUPPLY OFFICE, CIVIL STATION, ALAPPUZHA DISTRICT, PIN-688 002.
2 TALUK SUPPLY OFFICER, AMBALAPPUZHA TALUK, 5TH FLOOR, MINI CIVIL STATION, ALAPPUZHA DISTRICT, PIN-688 013.
3 RATIONING INSPECTOR, AMBALAPPUZHA TALUK,5TH FLOOR, MINI CIVIL STATION, ALAPPUZHA DISTRICT, PIN-688 013.
SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2023, ALONG WITH WP(C).321/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) NO.321 & 493 OF 2023
JUDGMENT
Dated this the 11th day of January, 2023
The petitioner in W.P.(C) No.493 of 2023 was given the temporary licence for conducting ARD No.176 in Punnapra South Grama Panchayat, Alappuzha District. The petitioner in W.P.(C) No.321 of 2023 had applied for grant of permanent licence for the very same ARD. The temporary licencee is aggrieved by the steps taken by the respondents for granting fresh licence. The applicant for fresh licence is aggrieved by the attempt of the respondents to grant licence to another applicant.
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W.P.(C) NO.321 & 493 OF 2023
The writ petitions are hence closed, reserving the petitioners' liberty to seek the appellate remedy. If the appeals are filed within two weeks, the same shall be treated as appeals filed within time, since the petitioners have a definite contention that the orders were not communicated immediately. As the appellate authority is conferred with the power to pass interim orders in appropriate cases, the petitioners can move applications seeking the interim orders along with the appeal. If the appeals are filed within the time granted, the appellate authority shall take earnest efforts to dispose of the appeals within two months.
Sd/- V.G. ARUN JUDGE
bpr
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W.P.(C) NO.321 & 493 OF 2023
APPENDIX OF WP(C) 321/2023
PETITIONERS' EXHIBITS
| EXHIBIT | P1 TRUE COPY OF THE MUSTER SHOWING THE NAMES OF SALESMAN EMPLOYED IN THE AUTHORISED RETAIL DEPOT IN AMBALAPPUZHA TALUK ISSUED BY THE 2ND RESPONDENT |
|---|---|
| EXHIBIT | P2 TRUE COPY OF THE COMMUNITY CERTIFICATE DATED 2.11.2020 ISSUED BY THE TAHSILDAR, AMBALAPPUZHA |
| EXHIBIT | P3 TRUE COPY OF THE DEGREE CERTIFICATE DATED 2.3.2006 ISSUED BY MAHATHMA GANDHI UNIVERSITY |
| EXHIBIT | P4 TRUE COPY OF THE PROCEEDINGS DATED 4.10.2016 OF THE 2ND RESPONDENT |
| EXHIBIT | P5 TRUE COPY OF THE APPLICATION DATED 6.6.2022 SUBMITTED BY THE PETITIONER |
| EXHIBIT | P6 TRUE COPY OF THE CONSENT LETTER DATED 1.7.2022 TOGETHER WITH OWNERSHIP CERTIFICATE DATED 17.12.2021 OF ABDUL GAFOOR |
RESPONDENTS' ANNEXURES
| ANNEXURE R1(A) | A TRUE PHOTOCOPY OF DSOALP/695/2022-CS5 ISSUED BY THE DISTR ALAPPUZHA |
THE ORDER NO. DATED 21.12.2022 ICT SUPPLY OFFICER, |
|---|---|---|
| ANNEXURE R1(B) | A TRUE PHOTOCOPY OF TSOAMB/902/2022-CS5 |
THE ORDER NO. DATED 04.01.2023. |
| ANNEXURE R1(C) | A TRUE COPY OF THE 05.01.2023. |
MAHAZER DATED |
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W.P.(C) NO.321 & 493 OF 2023
APPENDIX OF WP(C) 493/2023
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS DATED 4.10.2016 OF THE 2ND RESPONDENT
1 issue framed by the court
Whether the petitioners have an efficacious alternative remedy to challenge the award of the licence.
1 provisions across 1 enactments
JAYASREE K.S.
V.D. SANTHOSH KUMAR
K.P. UDAYAKUMAR
THE DISTRICT SUPPLY OFFICER
TALUK SUPPLY OFFICER
RATIONING INSPECTOR
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
