IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 27676 of 2007(T) -------------------------- PETITIONER: ------------ 1. K.I. SIVARAMAN, ARD NO.44, KURIAKKOT HOUSE, POOVANCHIRA, TRICHUR. 2. ROSA DEVASSY, ARD NO.325, THARAYIL HOUSE, VIYYUR P.O.,TRICHUR. 3. K.L. JOJU, ARD NO.338, KEETTIKKA HOUSE, PADAVARADU P.O., TRICHUR. 4. CHINNAMMA PAULOSE, ARD NO.362, PALLISSERY HOUSE, PANANCHERRY, KANNARA, TRICHUR. 5. P.T. THOMAS, ARD 130, PALLAN HOUSE, SURYAGRAMAM, TRICHUR. BY ADV. SRI.SHANKAR V. RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, TRICHUR. 3. T.A. JOSE AND COMPANY, AWD NO.III, NADATHARA, KUTTANALLOOR, TRICHUR. 4. TALUK SUPPLY OFFICER, TRICHUR. R1, R2 & R4 BY G.P. SRI. M.R. SABU R3 BY ADV. SRI.G.SREEKUMAR (CHELUR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY ARD NO. 50 RUN BY 1ST PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P1(a) TRUE COPY OF THE REPRESENTATION SUBMITTED BY ARD NO. 44 RUN BY THE FIRST PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P1(b) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P1(c) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE THIRD PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P1(d) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P1(e) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE REPORT SUBMITTED BY THE FOURTH RESPONDENT BEFORE THE DISTRICT SUPPLY OFFICER, TRICHUR DATED 2.3.2007 EXT.P3 TRUE COPY OF THE REMINDER SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 14.8.2007 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 27676 OF 2007 -------------------------------------------- Dated this the 18th day of February, 2008 JUDGMENT The prayer in the W.P.C is for direction to the second respondent to pass orders permitting supplies from the wholesale depot of the third respondent to the petitioners' ration shops. Petitioners are presently getting supplies from another wholesaler who is not made a party in this WP. Obviously if supplies are discontinued from him, his business will be affected. Therefore he should be heard before issuing any direction. However, since this Court is not deciding the case on merits, that is petitioners' preferential claim to get supplies from third respondent, I dispose of the W.P. with direction to the second respondent to consider the relative advantage of supply of ration articles to the petitioners from the third respondent's depot, and if it results in reduction of freight charges or other cost reduction for the Government or the Civil Supplies Corporation, then second respondent will authorise supplies from the third respondent's depot. On the other hand, if it is not practicably possible to supply from third respondent, second respondent will pass orders giving reasons why the petitioners' 2 request cannot be granted. Second respondent will pass orders within two months from the date of production of a copy of this judgment by the petitioners. (C.N. RAMACHANDRAN NAIR) Judge kk 3