IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 W.A.No. 519 of 2008 -------------------------- AGAINST THE ORDER IN WPC.6874/2006 DATED 07/08/2007 .................... APPELLANT/PETITIONER: ------------------------------------- P.A.THANKAMMA, AWD NO.1, SREE NARAYANAPURAM, KODUNGALLUR. BY ADV. SRI.R.D.SHENOY (SR.) SRIR.AZAD BABU SRI.P.R.VENKETESH RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. CISHO CHANDRAN, AGED 27 YEARS, S/O.CHANDRAN, THYKKOTT HOUSE, KIZHAKKUM PATTUKARA, EAST FORT, (P.O), THRISSUR. 3. JOHN.P.J., S/O.P.V.JOSE, AGED 37 YEARS, PELLISSERY HOUSE, KODUNGALLUR P.O. 4. P.K.MUKUNDAN, AGED 53 YEARS, S/O.KUNJAN, 9/442B, PANICKAVEETTIL HOUSE, PULLATTU BUILDING, CHAMAKKALA ROAD, CHENTRAPPINI P.O., THRISSUR DISTRICT. R1 BY SR.GOVERNMENT PLEADER SMT.K.MEERA R2 & R4 BY ADV.SRI.C.A.MAJEED R3 BY ADV.SRI.PHILIP T. VARGHESE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.A.No.519 of 2008 ------------------------------------------------------- Dated, this the 10th day of March, 2008 JUDGMENT H.L.Dattu, C.J. The appellant being aggrieved by the interim order passed by the learned Single Judge in W.P.(C) No.6874 of 2006 dated 7th August, 2007 is before us in this appeal. (2). The petitioner in the writ petition is the appellant in this appeal. She is an Authorised Wholesale Dealer (“AWD” for short) of rationed articles of Kodungallur Taluk. In the petition filed under Article 226 of the Constitution, the petitioner had called in question Ext.P4 Notification issued by the respondent inviting applications for appointment of another AWD for Mathilakam Panchayat in Kodungallur Taluk. According to the petitioner, at present there are 2 AWD Shop Nos. 1 and 6. AWD Shop No.1 belongs to the petitioner and AWD Shop No.6 belongs to T.A.Jose and Company. It is further stated in the petition that, there are 129 authorised retail dealers in Kodungallur Taluk. Out of it, 69 are attached to the petitioner's shop No.1 and 60 are attached to AWD Shop No.6. It is further contended that allotment of more AWD shop will reduce the number of ARD attached to the petitioner's shop and it will not be possible to function viably. (3). The learned Single Judge while entertaining the writ petition has granted an interim order of stay staying Ext.P4 Notification. (4). On a later date, the learned Single Judge has vacated the interim order granted. (5). Aggrieved by the modification of the interim order so made W.A.No.519 of 2008 -2- by the learned Single Judge, the petitioner has presented this writ appeal. (6). After hearing Sri.R.D.Shenoy, learned counsel appearing for the appellant, we are of the opinion that, at this stage it is not necessary for us to interfere with the interim order passed by the learned Single Judge. Suffice to say, if any appointment is made pursuant to Ext.P4 Notification issued, the same will be subject to the result of the writ petition. Further, if we grant liberty to the petitioner to request the learned Single Judge to hear the matter out of turn, it may not cause any prejudice to the other side. In that view of the matter we pass the following: Order i). The writ appeal is disposed of. ii). Any appointment that may be made by the Ist respondent will be subject to the result of the writ petition. iii). Liberty is reserved to the petitioner to make appropriate application before the learned Single Judge to hear the matter out of turn. We make it clear that, if and when such request is made, the learned Single Judge may consider the request and pass appropriate orders. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS/DK.