IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 31699 of 2009(F) -------------------------- PETITIONER(S): --------------- N.RAGHAVAN NAMBIAR, AUTHORISED RETAIL DEALER (A.R.D.) NO.216, MOOLAKANDOM,P.O.ANANDASRAM,HOSDURG, KASARGOD DISTRICT. BY ADV. SRI.T.S.RADHAKRISHNA PILLAI SRI.O.K.MURALEEDHARAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT., FOOD,CIVIL SUPPLIES & CONSUMERS AFFAIRS DEPARTMENT,GOVT.SECRETARIAT,THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR,KASARGOD. 4. THE DISTRICT SUPPLY OFFICER,KASARGOD. 5. THE TAHSILDAR,HOSDURG. 6. THE TALUK SUPPLY OFFICER,HOSDURG. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ....................... W.P.(C).31699/2009 ....................... Dated this the 6th day of November, 2009 JUDGMENT The petitioner is an ex-service man. He was appointed as the licensee of ARD No.216 of Hosdurg Taluk. Proceedings were initiated against him under clause 45(8) of the Kerala Rationing Order which culminated in Ext.P3 order dated 17.6.2008 by which the District Supply Officer, Kasargode, cancelled the licence issued to him and also ordered recovery of a total sum of Rs.2,48,454/-. Aggrieved by Ext.P3, the petitioner filed an appeal before the District Collector. That appeal was rejected by Ext.P4 order. The petitioner there upon filed a revision petition before the Commissioner of Civil Supplies. The revision petition was dismissed by Ext.P5 order. The petitioner has there upon filed Ext.P6 revision petition before the Secretary to the Government, Food and Civil Supplies Department, under clause 71 of the Kerala Rationing Order. Along with Ext.P6 revision petition, the petitioner has filed an application seeking stay of implementation of the orders impugned in the revision petition. The last of the orders impugned in the W.P.(C).31699/09 2 revision petition filed before the Government was passed on 31.8.2009. The revision petition itself is dated 28.10.2009. In this writ petition, the petitioner challenges the orders passed by the District Supply Officer the District Collector and the Commissioner of Civil Supplies. In the alternative he seeks a direction to the Government to expeditiously dispose of Ext.P6 revision petition. 2. Clause 71 of the Kerala Rationing Order, 1966, confers on the petitioner the right to move the Government in revision. As the petitioner has invoked a statutory remedy available to him and as more than one year has passed after his licence was cancelled, I am of the opinion that the Government should consider the revision petition and pass orders thereon expeditiously. The petitioner has along with Ext.P6, also moved an application seeking stay of recovery of the sum of Rs.2,48,454/-. The learned counsel appearing for the petitioner submits that unless the Government passes expeditious orders on the petition for stay, the proceedings already initiated against him under the Kerala Revenue Recovery Act, 1968, will be proceeded with. In my opinion, as the petitioner has moved the W.P.(C).31699/09 3 Government seeking interim orders, the Government should consider the said request also, in view of the fact that revenue recovery proceedings have already been initiated against him. I accordingly dispose of this writ petition with the following directions. 3. The Secretary to Government, the Food and Civil Supplies Department, shall take up the stay petition filed along with Ext.P6 revision petition and pass orders thereon expeditiously and in any event within two weeks from the date on which the petitioner produces a certified copy of this judgment after notice to and affording him an opportunity of being heard. Government shall pass an order and deal with the various contentions in Ext.P6 revision petition. In order to enable the Government to act as directed above, recovery pursuant to the orders impugned in Ext.P6 revision petition shall be kept in abeyance, for a period of two weeks from today. P.N.RAVINDRAN, Judge mrcs