Writ petition over delayed consideration of a ration shop licence transfer nomination made by the petitioner's deceased mother; court directed the supply officers to decide the pending nomination within two months, considering legal heirs' consent.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 9TH DAY OF JULY 2024 / 18TH ASHADHA, 1946
WP(C) NO. 14426 OF 2022
PETITIONER:
P.V. SHAJI
AGED 58 YEARS
S/O. VASUDEVAN, PUTHEZHATHU (H), THIRUNALOOR,
CHERTHALA, ALAPPUZHA,PIN-688 534
BY ADVS.
B.PRAMOD
BIJU VIGNESWAR
ASWATHI SURESH
RESPONDENTS:
1 THE DISTRICT SUPPLY OFFICER DISTRICT SUPPLY OFFICE, CIVIL STATION, ALAPPUZHA-688 0122 THE TALUK SUPPLY OFFICER, TALUK SUPPLY OFFICE, CHERTHALA, ALAPPUZHA-688 013SRI. AJITH VISWANATHAN, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.14426 OF 2022
2
JUDGMENT Dated this the 9th day of July, 2024
Petitioner’s mother was the licensee of a
Ration shop. Being unable to run the shop due to age related ailments, petitioner’s mother submitted Exhibit P4, nominating the petitioner as the licensee of the shop. The nomination was in terms of Clause 45(2) of the Kerala Rationing Order, 1966, providing for nomination by the existing licensee. Pending Exhibit P4 request, the petitioner’s mother died on 27.10.2021. In the meanwhile, the Kerala Targeted Public Distribution System (Control Order) 2021, came into force, replacing the Kerala Rationing Order, 1966. Section 37(2) of the Kerala Targeted Public Distribution System (Control Order) 2021, also provides for nomination of legal heir by the existing licensee. Petitioner's grievance is regarding non-consideration of the request for transfer made by his mother way back in the year 2019.
W.P.(C)No.14426 OF 2022
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the learned Government Pleader.
that, had the application for transfer been considered on time, the petitioner would have become the licensee of the ration shop prior to the introduction of the Kerala Targeted Public Distribution System (Control Order) 2021. Therefore, the respondents are bound to consider the request for transfer, de hors the death of his mother.
that, the petitioner's mother being no more, he will have to make a fresh application along with the other legal heirs.
W.P.(C)No.14426 OF 2022
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death, during the pendency of the application, cannot deprive the petitioner of a right already conferred by the licensee.
The writ petition is, accordingly, disposed of.
Sd/V.G.ARUN JUDGE
SSK/09/07
W.P.(C)No.14426 OF 2022
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APPENDIX OF WP(C) 14426/2022
PETITIO |
NER EXHI |
BITS |
||||
|---|---|---|---|---|---|---|
Exhibit |
P1 |
A TRUELICENSE |
COPYISSU |
OED |
F THTO T |
E RELEVANT PAGE OF THEHE PETITIONER'S MOTHER |
Exhibit |
P2 |
A TRUE15.01.2GRAMA P |
COPY022ANCHA |
OFISSYAT |
THEUED |
DEATH CERTIFICATE DATEDFROM THE THANNEERMUKKOM |
Exhibit |
P3 |
A TRUEGAZETTE |
COPYOF T |
OFHE |
THEGOVE |
NOTICE PUBLISHED IN THERNMENT OF KERALA |
Exhibit |
P4 |
A TRUE27.12.2MOTHER |
CO019 |
PYSUB |
OFMITT |
THE NOMINATION DATEDED BY THE PETITIONER'S |
Exhibit |
P5 |
A TRUEBY THE |
COPYPETIT |
OFION |
THEER'S |
CONSENT LETTER SUBMITTEDMOTHER |
Exhibit |
P6 |
A TRUEBY THE |
COPYPETIT |
OFION |
THEER'S |
CONSENT LETTER SUBMITTEDMOTHER AND SIBLINGS |
Exhibit |
P7 |
A TRUETHE PET |
COPYITION |
OFER |
THE |
UNDERTAKING SUBMITTED BY |
RESPONDENT'S EXHIBITS:NIL
SSK //TRUE COPY// PA TO JUDGE
2 provisions across 2 enactments
P.V. Shaji
The District Supply Officer, District Supply Office, Alappuzha
The Taluk Supply Officer, Taluk Supply Office, Cherthala
V.G.Arun
As recorded by the court registry
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