Disposed

Joseph M.C v. State of Kerala

Kerala HC25 Jan 2023WP(C)/560/2023

Case brief

AI extract

What is this about?

Petitioner, a fair price shop licensee, sought continuation of his licence under the new Targetted Public Distribution System (Control) Order, 2021. The writ petition was disposed of by directing the District Supply Officer to consider his application and finalize the proceedings within one month of receipt.

What did the court decide?

The petitioner was directed to produce a fresh copy of the application before the District Supply Officer, who was directed to consider it and finalize the proceedings within one month from the date o

Joseph M.C Vs State of Kerala — Kerala HC (2023) — 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 SHAJI P.CHALY

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WEDNESDAY, THE 25^TH DAY OF JANUARY 2023 / 5TH MAGHA, 1944

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WP(C) NO. 560 OF 2023

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PETITIONER/S:

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JOSEPH M.C AGED 62 YEARS S/O.CHACKO, RESIDING AT KALAMPUKATT VEEDU KALLARA P.O.,VAIKOM TALUK, KOTTAYAM DISTRICT, PIN – 686 611. BY ADVS. M.NARENDRA KUMAR B.RAJESH (KOTTAYAM) HARSHADEV M.

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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2 DISTRICT SUPPLY OFFICER OFFICE OF THE DISTRICT SUPPLY OFFICER, KOTTAYAM DISTRICT. PIN, PIN – 686 001.

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3 THALUK SUPPLY OFFICER VAIKOM OFFICE OF THE THALUK SUPPLY OFFICE, VAIKOM, KOTTAYAM DISTRICT, PIN – 686 141.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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25.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 560/2023

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: 2 :

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SHAJI P. CHALY, J.

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W.P.(C). No. 560 of 2023

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Dated this the 25^th day of January, 2023.

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JUDGMENT

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The petitioner is conducting a fair price shop bearing ARD No. 139 in Kallara, Vaikom Taluk, as per clause 45(1) of the Kerala Rationing Order, 1966, in Building No. 17/127(A) of Manjoor Panchayat (Ward No. XVII).

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According to the petitioner, Mr. Mathew John, the then licencee, expressed his inability to continue as a retail distributor due to his illness and old age and therefore, the petitioner, being the salesman of the shop, submitted an application on 15.07.2017 for permitting him to conduct the fair price shop under clause 45(1) of the Kerala Rationing Order, 1966.

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Thereafter, on 26.07.2017, a licence was granted in favour of the petitioner. Anyhow, the Kerala Targetted Public Distribution System (Control) Order, 2021 was promulgated by the Government of Kerala on and with effect from 25.02.2021. It is submitted that insofar

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as the existing licencees are concerned, the proviso to Regulation 26(1) authorized them to continue the licence subject to such

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W.P.(C) No. 560/2023 : 3 :

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conditions stipulated in the said proviso. The petitioner has accordingly submitted Exhibit P9 application dated 14.12.2022 before the District Supply Officer, Kottayam, respondent No.2, and the same is stated to be pending consideration.

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When the matter came up for admission on 04.01.2023, the learned Government Pleader was directed to get instructions.

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Today, the learned Senior Government Pleader, on instructions, submitted that Exhibit P9 application is not received by the second respondent and that a general order is issued by the Civil Supplies Department not to cancel any existing licences.

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Therefore, after having heard the learned counsel for the petitioner and the learned Senior Government Pleader and perusing the pleadings and materials on record, this writ petition is disposed of directing the petitioner to produce a fresh copy of Exhibit P9 before the second respondent at the earliest and at any rate within one month from today. The second respondent shall, on receipt of the application,

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shall consider the same in accordance with law and finalize the proceedings at the earliest and at any rate within a month thereafter.

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sd/- SHAJI P. CHALY, JUDGE.

W.P.(C) No. 560/2023

: 4 :

APPENDIX OF WP(C) 560/2023

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PETITIONER’S EXHIBITS:
Exhibit1	TRUE COPY OF THE ORDER NO.CS8-2339/17 DATED 26/07/2017 ISSUED BY DISTRICT SUPPLY OFFICER, KOTTAYAM UNDER CLAUSE 45(1) OF KERALA RATIONING ORDER 1996.
Exhibit-P2	TRUE COPY OF THE ORDER NO. B4. 1520/17 ISSUED BY 3RD RESPONDENT DATED 04/08/2017
Exhibit-P3	THE TRUE COPY OF THE RELEVANT PAGES OF THE LICENSE GRANTED TO THE PETITIONER UNDER THE KERALA KEROSENE CONTROL ORDER FOR THE PERIOD 2017 TO 2022.
Exhibit-P4	THE TRUE COPY OF KERALA FOOD GRAINS DEALERS' LICENSING ORDER 1967.
Exhibit-P5	THE TRUE COPY OF THE RELEVANT PAGES OF THE LICENSES GRANTED UNDER THE KERALA SUGAR DEALERS' LICENSING ORDER 1967.
Exhibit-P6	THE TRUE COPY OF FIRST PAGE OF THE SSLC BOOK.
Exhibit-P6(a)	THE TRUE COPY OF MARK SHEET OF SSLC EXAMINATION CERTIFICATE.
Exhibit-P7	THE COPY OF THE ADHAR CARD SHOWING THE PETITIONER.
Exhibit-P8	THE TRUE COPY OF THE REGISTER OF EMPLOYMENT AS FULL TIME SALES MAN FROM 17.12.2012
Exhibit-P9	A TRUE COPY OF THE APPLICATION DATED 14.12.2022 SUBMITTED AN APPLICATION BEFORE THE DISTRICT SUPPLY OFFICER KOTTAYAM

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RESPONDENTS’ EXHIBITS: NIL

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True Copy

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P S to Judge.

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Joseph M.C v. State of Kerala

Case brief

What is this about?

What did the court decide?

Joseph M.C v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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