IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 2298 of 2009(W) ------------------------- PETITIONER(S): --------------- M/S. V.S. ALEX & SONS, INDIAN OIL CORPORATION DEALER, MUNICIPAL BUS STAND BUILDING, VII-345, T.K. ROAD, THIRUVALLA, REPRESENTED BY ITS MANAGING PARTNER SHRI. A.D. PAUL, AGED 50, S/O.V.S.ALEX, KODIYATTUMALAYIL, T.K. ROAD, THIRUVALLA. BY ADV. SRI.P.HARIDAS RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY & COMMISSIONER, DEPARTMENT OF CIVIL SUPPLIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER DEPATERMENT OF CIVIL SUPPLIES, GOVERNMENT SECRETARIAT, THIRUVANANATHPAURAM. 3. THE LAND REVENUE COMMISSIONER, DEPARTMENT OF LAND REVENUE, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE, PATHANAMTHITTA 5. THE ADDITIONAL DISTRICT MAGISTRATE, PATHANAMTHITTA, 6. THE DISTRICT SUPPLY OFFICER, PATHANAMTHITTA. 7. THE TAHSILDAR, THIRUVALLA. BY GOVT.PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.2298/2009 ------------------------ Dated this the 21th day of January, 2009. JUDGMENT Petitioner submits that his father Late V.S. Alex was granted licence to import kerosene. On the expiry of his father, the licence was transferred in favour of the firm, of which the petitioner is the managing partner. Ext.P1 is the licence so issued. According to the petitioner, the licence was renewed from time to time. However, by Ext.P5 the licence was ordered to be cancelled for the reasons stated therein. Petitioner filed Ext.P6 appeal but the same was returned, directing the petitioner to approach the competent authority as per Ext.P11 proceedings. There upon the petitioner filed Ext.P12 appeal before the 3rd respondent. The appeal is dated 26.11.2008 and according to the petitioner the appeal has not been considered and orders have not been passed. In the meanwhile on the WP(c).No.2298/09 2 strength of the direction issued by this court in Ext.P8 judgment in WP(c).No.28806/08, the petitioner continued the dealership. It is stated that, during the pendency of Ext.P12 appeal, the Taluk Supply Officer Thiruvalla has issued Ext.P13 proceedings dated 17.1.2009, suspending the licence and making alternate arrangements for the supply of kerosene to the area covered by the petitioner. It is in these circumstances the writ petion s filed. 2. Admittedly, Ext.P12 appeal filed by the petitioner before the 3rd respondent is pending consideration. Till now, in spite of Ext.P5, the petitioner has been supplying kerosene. Therefore, at this stage, in my view, Ext.P13 was unnecessary and the proper course was to have awaited for the outcome of Ext.P12. 3. Therefore, the writ petition is disposed of directing the 3rd respondent to consider and pass orders on Ext.P12 appeal filed by the petitioner with notice to him, as expeditiously as possible and at any rate within 6 weeks from WP(c).No.2298/09 3 the date of production of a copy of the judgment. Subject to the condition that a copy of the judgment will be produced before the 3rd respondent before 2nd of February, 2009. It is directed that further proceedings pursuant to Ext.P13 will be kept in abeyance pending disposal of Ext.P12 appeal and the petitioner will be permitted to continue the business. Petitioner shall produce a copy of the judgment before the 3rd respondent and the Taluk Supply officer, Thiruvalla, who has issued Ext.P13. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.2298/09 4