IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WA.No. 2394 of 2009 -------------------------------- AGAINST THE JUDGEMENT IN WPC.1264/2009 Dated 06/07/2009 ....................... APPELLANTS/RESPONDENTS 1 TO 3 ---------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. THE DISTRICT SUPPLY OFFICER, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.SANDESH RAJA RESPONDENTS/PETITIONERS & RESPONDENTS 4 & 5 ---------------------------------------------------------------------------- 1. K.P.MUHAMMED ALI HAJI, S/O.K.P.MUHAMMED HAJI, AUTHORISED WHOLESALE DISTRIBUTOR NO.AWD4, DOWN HILL, MALAPPURAM. 2. K.P.SAKEENA, W/O.MUHAMMED IBRAHIM, K.P.M.AGENCIES, AUTHORISED WHOLESALE DISTRIBUTOR, PERINTHALMANNA, MALAPPURAM DISTRICT. 3. THE SENIOR REGIONAL MANAGER, FOOD CORPORATION OF INDIA, THIRUVANANTHAPURAM. 4. THE AREA MANAGER, FOOD CORPORATION OF INDIA, DISTRICT OFFICE, PALAKKAD. R1 & R2 BY ADV.SRI.BABU S.NAIR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2394 of 2009 ------------------------------------------ Dated this the 11th day of November, 2009 JUDGMENT A.K. Basheer, J. The issue involved in this case has already been dealt with in our judgment dated October 30, 2009 in W.A.No.2426 of 2009. The said writ appeal had arisen from a common judgment from which this writ appeal also arises. 2. Therefore, following the said judgment, we direct the Government to pay the transportation charges to the writ petitioners/respondents 1 and 2 herein, in which event it is always open to the Government to get the same reimbursed from the Food Corporation of India. The amount shall be disbursed to the writ petitioners/respondents 1 and 2 herein, within one month from the date of receipt of a copy of this judgment. Writ appeal is disposed of as above. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns