IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 2947 of 2011(P) ------------------------- PETITIONER(S): ----------------------- ANISHA PUTHIYILLAM,W/O.SANTHOSH KORAMANGALAM,KORAMANGALAM ILLOM,KAITHAPRAM, MATHAMANGALAM PO,KANNUR 670 306. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REP.BY SECRETARY TO GOVERNMENT,DEPARTMENT OF TAX,SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. TREASURY DIRECTOR, THIRUVANANTHAPURAM 695 001. 3. DISTRICT TREASURY OFFICER, KANNUR 670 001. 4. DISTRICT COLLECTOR,KANNUR 670 001. 5. DISTRICT REGISTRAR AT THALASSERY, KANNUR 670 101. 6. THE DISTRICT COMMITTEE FOR APPOINTMENT OF STAMP VENDOR, REP.BY THE DISTRICT TREASURY OFFICER, KANNUR 670 001. BY GOVERNEMNT PLEADER SRI.T.K.ARAVINDA KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2011, ALONG WITH WPC NO.11713 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2947 of 2011(P) ------------------------------------ APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE JUDGMENT DT. 8.4.2005 IN WPC NO.6132 OF 2005. EXT.P2. COPY OF THE LICENCE DT. 28.12.2005. EXT.P3. COPY OF THE ORDER DT. 18.12.2008. EXT.P4. COPY OF THE APPOINTMENT ORDER DT. 14.1.2011 EXT.P5. COPY OF THE APPLICATION DT. 24.1.2011 SUBMITTED BY THE PETITIONER'S HUSBAND SRI.SANTHOSH. EXT.P6. COPIES of the ORDERS DT. 12.2.2009 , 20.4.2009 AND 8.10.2009. EXT.P7. COPY OF GO. (P) NO.156/2007 DATED 13.7.2007. EXT.P8. COPY OF THE REPRESENTATION DT. 9.3.2010 EXT.P9. COPY OF THE JUDGMENT DT. 31.3.2010 IN WPC NO.11335 OF 2010 EXT.P10. COPY OF THE REPRESENTATION DT. 4.5.2010 EXT.P11. COPY OF THE APPLICATION DT. 24.1.2011 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P12. COPY of the APPLICATION DT. 24.1.2011 FOR GRANT OF VENDER LICENCE. EXT.P13. COPY of the APPLICATION DT. 26.1.2011 EXT.P14. COPY OF THE PROCEEDINGS DT. 271.2011 EXT.P15. COPY OF THE COMMUNICATION DT. 4.4.2011 RESPONDENT'S EXHIBITS : NIL ------------------------------------ / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J ....................................................... W.P.(C)s.2947 & 11713/2011 .............................................. Dated this the 17th day of August, 2011 JUDGMENT Petitioner's husband was a stamp vendor. On her husband getting appointment as HSST, he submitted Ext.P5 application for “voluntary retirement” as a stamp vendor. There upon, he made Ext.P8 application to appoint his wife as a stamp vendor. That was rejected by Ext.P10 order. There upon the petitioner, being the wife, submitted Exts.P11 and P12 applications for appointment. Those applications were not considered and that led the petitioner to file W.P.(C).2947/2011. 2. In the meanwhile, by order dated 27.1.2011, a special licence was granted to the petitioner/wife and when that was cancelled immediately thereafter, the order of cancellation was called in question before this Court in W.P.(C).11713/2011. Interim orders were passed in that writ petition enabling the petitioner to continue the business on the strength of the order dated 27.1.2011 and the period has now expired. It is at that stage the writ petitions are coming up for hearing. W.P.(C)s.2947 & 11713/11 2 3. As far as W.P.(C).11713/2011 is concerned, virtually by lapse of time, adjudication on the merits with regard to the order dated 27.1.2011 does not arise for consideration. 4. In so far as W.P.(C).2947/2011 is concerned, since the petitioner's husband has already retired voluntarily from his stamp vendorship, the third respondent should take necessary steps for appointment of regular stamp vendor in the vacancy caused by the retirement of the petitioner's husband. 5. Ext.P7 is the Government order which shows that certain amendments were carried out to the Kerala Manufacture and Sale of Stamp Rules, 1960. Rule 35(16), provides that the legal heirs of the voluntarily retired stamp vendors are eligible for preference in the matter of appointment provided they possess all other eligibility criteria. It is the case of the petitioner that she satisfies all the eligibility criteria. Therefore, necessarily she will be entitled to the benefit of the aforesaid Rule. Therefore it is clarified that it will be open to the petitioner to make an application as and when notification is issued for filling up the vacancy. W.P.(C)s.2947 & 11713/11 3 6. It is a fact that on the strength of the order dated 27.1.2011 petitioner has been continuing business as stamp vendor and that position continues so, even as on date. So far there has not been any complaint about her and having regard to the fact that there exists a vacancy which is to be filled up, I direct that status quo as on date in so far as her continuance on a temporary basis, will continue until the regular appointment is made. Writ petitions are disposed of as above. ANTONY DOMINIC, Judge mrcs