HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.5685 of 2011 Date : 8-3-2011 Between : The Penamaluru Mandal Kerosene Retail Dealers Association, Represented by its Secretary V.Malayadri .. Petitioner And The Commissioner, Civil Supplies Department, Somajiguda, Hyderabad and others .. Respondents Counsel for petitioner : Sri G.Dharma Rao Counsel for respondents : A.G.P. for Civil Supplies The Court made the following : ORDER: The grievance of the petitioner, which is an association of the Penamaluru Mandal Kerosene Retail Dealers, Krishna District, is that its representation made to respondent No.2 on 14-12-2010 for permitting them to distribute essential commodities such as rice, sugar, kerosene, pulses and oils on par with fair price shop dealers in terms of the provisions of A.P. Public Distribution System (Control) Order 2008 (for short “the Control Order”) is not being considered. At the hearing, Sri G.Dharma Rao, learned counsel for the petitioner placed reliance on the fourth proviso to Clause 5(1) of the Control Order in support of his client’s case that respondent No.2 is empowered to allow the nominated retail kerosene dealers among others to convert their shops into village malls to sell different varieties of goods to cater to the needs of the residents/card-holders to increase the viability of the dealers. In my opinion, the said proviso is an enabling provision and the Collector concerned is conferred with the discretion to take a decision in the matter of conversion as provided under the said provision. As noted above, as the limited grievance of the petitioner is that respondent No.2 has not been considering their representation in this regard, it will suffice if a direction is given to him to consider and take a decision in terms of the Control Order. Accordingly, the Writ Petition is disposed of with the direction to respondent No.2 to consider the petitioner’s representation, pass an appropriate order thereon and communicate the same to it within a period of one month from the date of receipt of a copy of this order. As a sequel to disposal of the Writ Petition, WPMP No.7088/2011 is disposed of as infructuous. ____________________ C.V.Nagarjuna Reddy.,J Date : 8-3-2011 AM