IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 34954 of 2009(L) -------------------------- PETITIONER(S): --------------- S.RAJU, S/O. P.K.SREEDHARAN, AGED 42 YEARS, VELIYIL HOUSE, THUMBOLY ARYAD THEKKU VILLAGE, AMBALAPUZHA TALUK. BY ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. C.S.CHITHRAN CHITRALAYAM, AASRAMAM WARD, AMBALAPUZHA TALUK, ALLEPPEY DISTRICT. 2. P.V.ANANDAN, VELIYIL HOUSE, KOMMADY WARD, AMBALAPUZHA TALUK, ALLEPPEY DISTRICT. 3. THE COMMISSIONR OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, ALAPPUZHA 5. THE DISTRICT SUPPLY OFFICER, ALAPPUZHA 6. THE TALUK SUPPLY OFFICER, AMBALAPUZHA TALUK, ALLEPPEY DISTRICT. 7. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FOOD & CIVIL SUPPLIES DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ....................... W.P.(C).34954/2009 ....................... Dated this the 17th day of December, 2009 JUDGMENT By a notification dated 24.1.2005, the District Supply Officer, Alappuzha, invited applications from eligible persons for appointment as the licencee of ARD No.80 in Ambalapuzha Taluk. The petitioner, respondents 2 and 3 and others applied. By Ext.P1 order passed on 27.4.2005 the District Supply Officer appointed the petitioner as the licencee to run ARD No.80 in Ambalapuzha Taluk. The first respondent challenged the said order by filing an appeal before the District Collector. By Ext.P2 order passed on 11.1.2005, the appeal was dismissed. The first respondent thereupon filed a revision petition before the Commissioner of Civil Supplies. By Ext.P3 order passed on 12.11.2009 the revision petition was allowed, the order appointing the petitioner as the licencee of ARD No.80 was set aside and the District Supply Officer was directed to appoint the first respondent as the licensee of ARD No.80. The petitioner has aggrieved thereby, filed Ext.P4 revision petition accompanied by Ext.P4(a) stay petition before the Honourable Minister for Food and Civil Supplies. This W.P.(C).34954/09 2 writ petition was filed shortly thereafter challenging Ext.P3 and seeking a direction to the Government to consider Ext.P4 revision petition and pass orders thereon within a time limit to be fixed by this Court. The petitioner also seeks stay of operation of Ext.P3 order till such time as the revision petition is heard and disposed of. 2. The pleadings disclose that the petitioner was appointed as the licensee of ARD No.80, by Ext.P1 order, more than four years back. That order was set aside only on 12.11.2009. Clause 71 of the Kerala Rationing Order, 1966 entitles the petitioner to challenge Ext.P3 by filing a revision petition before the State Government. Since the petitioner has invoked the remedy thus available to him in law, having regard to the fact that he has been running ARD No.80 for the past more than four years, I am of the opinion that the Government should consider Ext.P4 revision petition and pass orders thereon expeditiously. If pending the revision petition, the order passed by the Commissioner of Civil Supplies is given effect to, and the first respondent is appointed as the licensee of ARD No.80, the remedy available to the petitioner will be rendered meaningless. I am W.P.(C).34954/09 3 therefore of the considered opinion that till such time, as orders are passed on Ext.P4, the operation of Ext.P3 should be kept in abeyance. I accordingly dispose of this writ petition with a direction to the Government of Kerala to consider Ext.P4 revision petition and pass orders thereon after notice to and affording the petitioner and respondents 1 and 2 a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from the date on which the Secretary to Government, Food and Civil Supplies Department receives or the petitioner produces before him a certified copy of this judgment. The Government shall after orders are passed as directed above, communicate copies thereof to the petitioner and respondents 1 and 2. Till such time as orders are passed and communicated to the petitioner and respondents 1 and 2, further proceedings pursuant to Ext.P3 order passed by the Commissioner shall be kept in abeyance. P.N.RAVINDRAN, Judge mrcs