IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 15526 of 2009(I) -------------------------- PETITIONER(S): ----------------------- RETNAMMA, ULLADAMTHARAYIL, EZHUPUNNA MURI, KODAMTHURUTH VILLAGE, CHERTHALA. BY ADVS. SRI.V.JOHN MANI SRI.S.SUJIN RESPONDENT(S): ------------------------ 1. THE DISTRICT SUPPLY OFFICER, DISTRICT SUPPLY OFFICE, ALAPUZHA. 2. THE TALUK SUPPLY OFFICER, CHERTHALA. 3. THE COMMISSIONER OF CIVIL SUPPLIES, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 5. SARALA, KATTARAKAL, EZHUPUNNA SOUTH, THEKKUMKURI, CHERTHALA. R1-2 BY GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL R5 BY ADVS SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15526 of 2009(I) ---------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF REPRESENTATION DATED 10.06.1996 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P2. COPY OF JUDGMENT DT. 09.09.1996 IN OP NO.14143 OF 1996 OF THIS HON'BLE COURT. EXT.P3. COPY OF THE REPRESENTATION DATED 16.07.2008 FILED BY THE PETITIONER BEFORE THE 1ST RESPO, NDENT DISTRICT SUPPLY OFFICER, ALAPUZHA. EXT.P4. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 11.07.2011. EXT.P5. COPY OF THE APPLICATION DATED 11.07.2011 FILED BY THE PETITIONER. EXT.P6. COPY OF RESIDENCE CERTIFICATE DT. 0707.011 ISSUED BY THE SECRETARY, KODAMTHURUTHU GRAMA PANCHAYATH. RESPONDENT'S EXHIBIS : NIL ------------------------------------ / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 15526 OF 2009 ----------------------------------------------------- Dated this the 27th day of July, 2011 J U D G M E N T The issue raised in the writ petition pertains to the claim of the petitioner for the issuance of a ration card in the address shown in the cause title of this writ petition. However, it appears that in that address the 5th respondent has obtained a ration card on the premise that, the 5th respondent is residing in the said address. As a consequent thereof, the request of the petitioner for ration card was rejected. 2. However, in paragraph 4 of the counter affidavit filed by the respondent, it has been stated thus; “As per the building tax assessment Register and land tax receipt the actual owner of the building and landed property is Sri.Priyakumar, son of Smt. W.P.(C) No. 15526 OF 2009 :2 : Sarala. Therefore, the petitioner's statements are incorrect and baseless. If the petitioner produces the required documents the Civil Supplies department is ready to issue ration card, and the contentions to the contrary contained in the writ petitions are hereby denied.” 3. Ext.P5 application has already been made by the petitioner producing Ext.P6 certificate. This application is pending before the 2nd respondent. In that view of the matter, I dispose of the writ petition directing that the 2nd respondent will consider Exts.P5 and P6 with notice to the petitioner and 5th respondent. It is also directed that on consideration of Exts.P5 and P6 as directed above, if cancellation of the ration card issued to the 5th respondent is called for, necessary orders on Ext.P4 will also be passed with notice to the 5th respondent. The aforesaid process should be W.P.(C) No. 15526 OF 2009 :3 : completed as expeditiously as possible at any rate within six weeks from the date of receipt of a copy of this judgment. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge