IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 11433 of 2010(D) -------------------------- PETITIONER(S): --------------- SHAILAJA RAJENDRAN, MATTATH HOUSE, ERAMALLOOR P.O. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): --------------- DISTRICT SUPPLY OFFICER, ERNAKULAM. SENIOR GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.11433/2010-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of April, 2010 J U D G M E N T The petitioner is now holding the authorisation to conduct shop ARD.No.268, provisionally, of Kunnathunad Taluk. Ext.P1 is the copy of the said order. The period of appointment is from 08/10/2009 to 07/04/2010. 2. The petitioner is aggrieved by the proposal to terminate the appointment and attach the shop to another shop by the respondents in the light of the Division Bench Judgment in W.A.No.1217/2009. Ext.P3 is the copy of the Judgment in W.A.No.1217/2009. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. 4. Ext.P5 is the representation submitted by the Ration Card holders before the authority concerned. The only question is whether in the light of Ext.P3 Judgment of the Division Bench, is there any bar for continuance on temporary arrangement. It is clear from the reading of the said Judgment that as far as temporary appointments are concerned, this Court has not interdicted the authority from extending/appointing any temporary licence/temporary licencee to conduct the authorised retail depot. What is emphasised in Ext.P3 Judgment is regarding appointment of W.P.(C). No.11433/2010 -:2:- an Authorised Retail Distributor on a permanent basis. The question of providing reservation for physically handicapped persons was also an issue therein. Ultimately, this Court directed the authority concerned to proceed with the permanent appointment going by the operative portion of Ext.P3 Judgment. 5. Now, the matter is governed by another Judgment of the Division Bench in W.P.(C).No.35583/2009. Therein also with regard to permanent appointment, this Court held that the provision of reservation will have to be implemented in its letter and spirit before making any permanent appointments in future but this will not stand in the way of temporary arrangement to continue. 6. It is submitted that the present arrangement of the petitioner expires on 07/04/2010. Therefore, there will be a direction to the respondent to allow the petitioner to continue with the present arrangement, namely, provisional appointment of the petitioner, till any permanent appointment is made in accordance with the Kerala Rationing Order. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms