IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 OP.No. 1236 of 1997(V) ---------------------- PETITIONER(S): --------------- THALASSERY TALUK COMMITTEE OF ALL KERALA RETAIL RATION DEALERS ASSOCIATION REPRESENTED BY IT'S VICE PRESIDEN, N.P. AHAMMED, VADAKKALKAM DESOM, THALASSERY, DISTRICT KANNUR. BY ADV. SMT.A.C.VIDYA SMT.SANGEETHA S.KAMATH RESPONDENT(S): --------------- 1. THE SECRETARY TO THE GOVERNMENT OF KERALA (CIVIL SUPPLIES), SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER (CIVIL SUPPLIES), BOARD OF REVENUE,TRIVANDRUM. 3. THE DIST. SUPPLY OFFICER, KANNUR 4. THE THALASSERY TALUK SUPPLY OFFICER, THALASSERY BY G.P. SRI. MATHEW VADAKKEL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 2136 OF 1997 IN OP 1236 OF 1997 DISMISSED 20.8.2009 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO. D3-761/93 DATED 23.3.1993 OF TALUK SUPPLY OFFICER, THALASSERY. EXT.P2 TRUE COPY OF THE ORDER NO. DSI/2391/93 DATED 3.6.93 OF THE DIST SUPPLY OFFICER, KANNUR. EXT.P3 TRUE COPY OF THE ORDER NO. CS A8/27465/93 DATED 5.1.95 OF THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF THE REVISION PETITION DATED 31.1.95 OF THE PETITIONER BEFORE THE GOVERNMENT OF KERALA. EXT.P5 TRUE COPY OF THE JUDGMENT IN OP 7873/95 OF THE HON'BLE HIGH COURT OF KERALA DATED 23.5.95 EXT.P6 TRUE COPY OF THE AFFIDAVIT DATED 16.8.95 IN SUPPORT OF THE PETITIONER BEFORE THE GOVERNMENT OF KERALA. EXT.P7 TRUE COPY OF THE ORDER NO. G.O. (Rt) NO.209/95 F & CSD DATED 19.8.95 OF THE FIRST RESPONDENT. EXT.P8 TRUE COPY OF THE ORDER NO.B 7135/B2/95 F & CSD DATED 30.12.96 OF THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 1236 OF 1997 -------------------------------------------- Dated this the 20th day of August, 2009 JUDGMENT O.P. is filed against Ext.P7 order confirming forfeiture of security furnished by Ration Dealers who have closed shops without any justification. Petitioner is an association which has challenged the order on the ground that closure of ration shops was part of General Strike by Ration Dealers all over the State. I am of the view that respondents rightly found that ration dealers have no right to disrupt distribution of ration articles by closing down their shops, whether it be as part of strike or not. Ration articles are intended to be supplied to people below poverty line who cannot afford to purchase articles in open market. In the circumstances, closure of shops is a serious offence and punishment of forfeiture of security cannot be said to be harsh. O.P. is devoid of any merit and is dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 2