Disposed

George K.J v. the State of Kerala

Kerala HC19 Jan 2023WP(C)/7218/2022

Case brief

AI extract

What is this about?

The High Court disposed of two writ petitions challenging actions against petitioners as Authorised Retailer District (ARD) licensees. The Court held that an effective remedy of revision exists under Clause 71 of the Kerala Rationing Order, 1966, and directed the petitioners to utilize the same instead of pursuing writ proceedings.

What did the court decide?

Petitioners were relegated to the revisional remedy under Clause 71 of the Kerala Rationing Order, 1966; ARDs were to remain active and recovery measures stayed pending the outcome of the revision.

George K.J Vs the State of Kerala — Service and Employment | Kerala HC (2023)

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WP(C).Nos.7644 & 7218 of 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 V.G.ARUN

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THURSDAY, THE 19^TH DAY OF JANUARY 2023 / 29TH POUSHA, 1944

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WP(C) NO. 7644 OF 2022

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PETITIONER:

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BEENA JAMES, ARD (FPS) NO.155, ANAKKAL, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN - 678582.

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BY ADVS. M/S. M.V.BOSE, VINOD MADHAVAN & ANU PAUL

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY SECRETARY, FOOD & CIVIL SUPPLIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE COMMISSIONER & DIRECTOR OF CIVIL SUPPLIS OFFICE OF THE CIVIL SUPPLIES COMMISSIONER, PUBLIC OFFICE BUILDING, NEAR MUSEUM, VIKAS BHAVAN P. O., THIRUVANANTHAPURAM - 695 033.

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3 THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD - 678 001.

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4 THE DISTRICT SUPPLY OFFICER, OFFICE OF THE DISTRICT SUPPLY OFFICER, CIVIL STATION BUILDING, COLLECTORATE P. O., PALAKKAD - 678 001.

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5 THE TALUK SUPPLY OFFICER, OFFICE OF THE TALUK SUPPLY OFFICER, MANNARKKAD, PALAKKAD DISTRICT, PIN - 678 582.

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SRI RIYAL DEVASSY, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.01.2023 ALONG WITH WP(C).NO.7218/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.7644 & 7218 of 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 V.G.ARUN

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THURSDAY, THE 19^TH DAY OF JANUARY 2023 / 29TH POUSHA, 1944

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WP(C) NO. 7218 OF 2022

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PETITIONER:

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GEORGE K.J.,ARD NO.132, AGALI, MANARKKAD TALUK, PALAKKAD DISTRICT, PIN-678582.

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BY ADVS. M/S.M.V.BOSE, VINOD MADHAVAN & ANU PAUL

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY SECRETARY, FOOD & CIVIL SUPPLIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695001.

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2 THE COMMISSIONER & DIRECTOR OF CIVIL SUPPLIES, OFFICE OF THE CIVIL SUPPLIES COMMISSIONER, PUBLIC OFFICE BUILDING, NEAR MUSEUM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033.

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3 THE DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD-678001.

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4 THE DISTRICT SUPPLY OFFICER, OFFICE OF THE DISTRICT SUPPLY OFFICER, CIVIL STATION BUILDING, COLLECTORATE P.O., PALAKKAD -678001.

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5 THE TALUK SUPPLY OFFICER, OFFICE OF THE TALUK SUPPLY OFFICER, MANNARKKAD, PALAKKAD DISTRICT, PIN-678582.

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SRI RIYAL DEVASSY, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.01.2023 ALONG WITH WP(C).NO.7644/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.7644 & 7218 of 2022

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J U D G M E N T

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Dated this the 19^th day of January, 2023 [WP(C) Nos. 7644/2022 & 7218/2022]

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Although various factual and legal contentions are raised, insofar as the petitioners have an effective remedy of revision under Clause 71 of the Kerala Rationing Order, 1966 against the impugned orders, I deem it appropriate to relegate the petitioners to the revisional remedy, rather than delving into the disputed facts. For arriving at such decision, I have also taken into account the submission of the learned Government Pleader that, as on date, no steps have been taken to re-notify the ARDs.

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The Writ Petitions are accordingly disposed of, permitting the petitioners to challenge the impugned orders by filing revision under Clause 71 of the Kerala Rationing Order, within 2 weeks of receipt of this judgment. If such revision is filed, the same shall be considered on merits and appropriate decision be taken by the 1^st respondent, after affording an opportunity of hearing to the petitioners.

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The decision, as directed above, shall be taken within

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WP(C).Nos.7644 & 7218 of 2022

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2 months of filing of the revision petitions. Till such time, the ARDs, of which the petitioners were licensees, shall not be re-notified and the recovery measures, if any proposed, shall be kept on hold.

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If no revision is filed within the time granted, the respondents can initiate further action based on the impugned order.

Sd/-

V. G. ARUN

JUDGE

MMG

WP(C).Nos.7644 & 7218 of 2022

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APPENDIX OF WP(C).NO.7644/2022

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF THE ORDER NO.CS 3-3671/2011 DATED 27.09.2016 ISSUED BY THE D.S.O., PALAKKAD APPOINTING THE WRIT PETITIONER AS LICENSEE OF A.R.D. N O.155.
EXHIBIT	P2 TRUE COPY OF THE RELEVANT PAGES OF THE COMPLAINT REGISTER FOR THE PERIOD COMMENCING FROM 31.10.16.
EXHIBIT	P3 TRUE COPY OF THE RELEVANT PAGES OF THE INSPECTION REGISTER FOR THE PERIOD COMMENCING FROM 17.06.2017.
EXHIBIT	P4 TRUE COPY OF THE CERTIFICATE NO.B.1637/2014 DATED 19.07.2014 ISSUED BY THE T.S.O., MANNARKKAD.
EXHIBIT	P5 TRUE COPY OF THE COMPLAINT DATED 07.09.2019 PREFERRED BY THE HUSBAND OF THE PETITIONER.
EXHIBIT	P6 TRUE COPY OF THE PROCEEDINGS NO.C.S.4- 1049/2019 DATED 16.09.2019 ISSUED BY THE D.S.O., PALAKKAD.
EXHIBIT	P7 TRUE COPY OF THE EXPLANATION DATED 24.02.2020 OFFERED BY THE WRIT PETITIONER.
EXHIBIT	P8 TRUE COPY OF THE PROCEEDINGS NO.B-1593/19 DATED 16.10.2020 ISSUED BY THE T.S.O., MANNARKKAD.
EXHIBIT	P9 TRUE COPY OF THE CHARGE SHEET NO.C.S.4-
	1049/2019, DATED 16.03.2021 ISSUED BY THE D.S.O., PALAKKAD.

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WP(C).Nos.7644 & 7218 of 2022

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EXHIBIT	P10 TRUE COPY OF THE WRITTEN EXPLANATION DATED 08.04.2021 FURNISHED BY THE WRIT PETITIONER BEFORE THE DSO.
EXHIBIT	P11 TRUE COPY OF THE CHARGE SHEET NO.C.S.4- 1049/2019(2), DATED 06.08.2021 ISSUED BY THE D.S.O.,PALAKKAD.
EXHIBIT	P12 TRUE COPY OF THE WRITTEN EXPLANATION DATED 04.10.2021 PREFERRED BY THE WRIT PETITIONER BEFORE THE D.S.O.,PALAKKAD.
EXHIBIT	P13 TRUE COPY OF THE REPORT NO.B.879/20(2), DATED 08.12.2021 ISSUED BY THE TSO, MANNARKKAD.
EXHIBIT	P14 TRUE COPY OF THE NOTICE NO.CS4-1049/2021, DATED 31.12.2021 ISSUED BY THE DSO, PALAKKAD TO THE WRIT PETITIONER.
EXHIBIT	P15 TRUE COPY OF THE LETTER DATED 24.01.2022 ISSUED FROM THE OFFICE OF THE DIRECTOR OF CIVIL SUPPLIES TO THE DISTRICT SUPPLY OFFICER, PALAKKAD.
EXHIBIT	P16 TRUE COPY OF THE PROCEEDINGS NO.C.S.4- 1049/2019(2), DATED 04.02.2022 OF THE D.S.O.,PALAKKAD.
EXHIBIT	P17 TRUE COPY OF THE ORDER NO.CCS/1116/2019-A9, DATED 01.02.2020 ISSUED FROM THE OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES.
EXHIBIT	P18 TRUE COPY OF THE TRANSACTION DETAILS PERTAINING TO NEARBY FPS NO.20 FOR THE MONTH OF AUGUST 2019.

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WP(C).Nos.7644 & 7218 of 2022

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..7..

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APPENDIX OF WP(C).NO.7218/2022

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ORDER NO.CS-3-3510/94
	DATED 6.8.1994 ISSUED BY THE D.S.O., PALAKKAD APPOINTING THE WRIT PETITIONER AS LICENSEE OF A.R.D.NO.132.
EXHIBIT P2	TRUE COPY OF THE RELEVANT PAGES OF THE COMPLAINT REGISTER FOR THE PERIOD COMMENCING FROM 4.1.2010.
EXHIBIT P3	TRUE COPY OF THE RELEVANT PAGES OF THE INSPECTION REGISTER FOR THE PERIOD COMMENCING FROM 3.2.2017.
EXHIBIT P4	TRUE COPY OF THE CERTIFICATE NO.B.1637/2014 DATED 19.7.2014 ISSUED BY THE T.S.O., MANNARKKAD.
EXHIBIT P5	TRUE COPY OF THE PROCEEDINGS NO.C.S.4- 1049/2019, DATED 6.9.2019 ISSUED BY THE D.S.O., PALAKKAD.
EXHIBIT P6	TRUE COPY OF THE NOTICE NO.B.579/2020(2), DATED 16.10.2020 ISSUED BY THE D.S.O., PALAKKAD.
EXHIBIT P7	TRUE COPY OF THE REVISED CHARGE SHEET NO.C.S.4-1049/2019, DATED 27.3.2021 ISSUED BY THE D.S.O., PALAKKAD.
EXHIBIT P8	TRUE COPY OF THE WRITTEN EXPLANATION DATED 21.6.2021 PREFERRED BY THE WRIT PETITIONER BEFORE THE D.S.O., PALAKKAD.
EXHIBIT P9	TRUE COPY OF THE CHARGE SHEET NO.C.S.4- 1049/2019(1), DATED 6.8.2021 ISSUED BY THE D.S.O., PALAKKAD.

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WP(C).Nos.7644 & 7218 of 2022

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EXHIBIT	P10 TRUE COPY OF THE WRITTEN EXPLANATION DATED 25.9.2021 PREFERRED BY THE WRIT PETITIONER BEFORE THE D.S.O., PALAKKAD.
EXHIBIT	P11 TRUE COPY OF THE REPORT NO.B.879/20(1),
	DATED 8.12.2021 ISSUED BY THE TSO, MANNARKKAD.
EXHIBIT	P12 TRUE COPY OF THE NOTICE NO.CSR-1049/2019, DATED 31.12.2021 ISSUED BY THE DSO, PALAKKAD TO THE WRIT PETITIONER.
EXHIBIT	P13 TRUE COPY OF THE LETTER DATED 24.1.2022 ISSUED FROM THE OFFICE OF THE DIRECTOR OF
	CIVIL SUPPLIES TO THE DISTRICT SUPPLY OFFICER, PALAKKAD ALONG WITH THE PROCEEDINGS OF THE ADALATH.
EXHIBIT	P14 TRUE COPY OF THE PROCEEDINGS NO.C.S.4- 1049/2019, DATED 4.2.2022 OF THE D.S.O., PALAKKAD.
EXHIBIT	P15 TRUE COPY OF THE ORDER NO.CCS/1116/2019-A9, DATED 1.2.2020 ISSUED FROM THE OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES.
EXHIBIT	P16 TRUE COPY OF THE ORDER NO.B.879/20, DATED 3.4.2019 ISSUED BY THE TSO, MANNARKKAD TO THE ARD NO.132/74.
EXHIBIT	P17 TRUE COPY OF THE TRANSACTION DETAILS PERTAINING TO NEARBY FPS NO.20 FOR THE MONTH OF AUGUST 2019.

George K.J v. the State of Kerala

Case brief

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George K.J v. the State of Kerala

Case brief

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