IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 36697 of 2010(J) -------------------------------------- PETITIONER: ------------------- SAMGEETHA.K, D/O.RAMACHANDRAN, HOUSE NO.13/47,KALIYATTUPARAMBIL HOUSE, P.O. CHERPALCHERY- 679 503, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.JAYARAM. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF CIVIL SUPPLIES,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001. 2. THE DISTRICT COLLECTOR, PALAKKAD, PIN- 678 001. 3. THE DISTRICT SUPPLY OFFICER, PALAKKAD, PIN- 678 001. R1 TO R3 BY GOVERNMENT PLEADER SRI. T.K. ARAVINDAKUMAR BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36697/2010-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE DTD. 06/11/2010 ISSUED BY DISTRICT SUPPLY OFFICER, PALAKKAD. EXT.P.2: COPY OF THE RESIDENCE CERTIFICATE NO. B3 10802/2010 DTD. 11/11/2010 ISSUED TO THE PETITIONER FROM CHERPALCHERY GRAMA PANCHAYAT. EXT.P.3: COPY OF THE MALAYALA MANORAMA DAILY DTD. 05/12/2010, PAGE NO.4, PALAKKAD EDITION. EXT.P.4: COPY OF THE REPRESENTATION DTD. 06/12/2010 BEFORE THE DISTRICT COLLECTOR, PALAKKAD. EXT.P.5: COPY OF THE LETTER DTD. 14/06/2011 ISSUED FROM THE OFFICE OF R.2. TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R. RAMACHANDRA MENON, J. ------------------------------------------ W.P.(C)No. 36697 of 2010 ----------------------------------------- Dated this the 8th August , 2011 J U D G M E N T The petitioner has approached this Court with the following prayers: i) to issue a writ of mandamus or other appropriate writ, direction or order commanding the respondents to make appointment of authorized retail distributor for ARD 229 in Cherpalchery Grama Panchayat of Palakkad District on the basis of interview conducted by 3rd respondent on 15.11.2010 under the selection process already undertaken by notification No.CS3-2463/2009. ii) to issue a writ of mandamus or other appropriate writ, direction or order directing the respondents to withdraw Ext.P3 advertisement/notification for the purpose of selection of authorized retail distributors for ARD 229 iii) to declare that the petitioner is entitled to be appointed as authorized retail distributor of ARD 229 in Cherpalchery Grama Panchayat of Palakkad District under the selection process already undertaken by notification No.CS3-2463/2009 and interview held by 3rd respondent on 15.11.2010. 2. The learned counsel for the petitioner submits that, in respect of the ARD 229 when applications were invited by W.P.(C)No. 36697 of 2010 2 concerned respondent earlier, the petitioner had also applied along with others. But the applications including that of the petitioner were rejected, which led to this writ petition. 3. Learned counsel further submits that, against the order of rejection of the application of the petitioner, the petitioner has preferred a statutory appeal which is pending consideration before the 2nd respondent. The petitioner has been served with Exhibit P5 communication dated 14.6.2011 issued by the 2nd respondent stating that the appeal preferred by the petitioner can be considered only subject to finalization of the present writ petition, ie. WP(C) No.36697/2010. The learned counsel submits that the petitioner does not intend to press this writ petition any further and that the petitioner would be satisfied if the statutory appeal pending consideration before the second respondent and forming the subject matter of Exhibit P5 (produced with I.A.No.12655/11) is caused to be considered and disposed of within a reasonable time. 4. Heard the learned Government Pleader as well. 5. After hearing both the sides, this Court find that the prayer in the I.A, though is not incorporated as such in the writ petition, can be allowed and this writ petition can be closed as not pressed by petitioner. Accordingly, the 2nd respondent is W.P.(C)No. 36697 of 2010 3 directed to consider the statutory appeal preferred by the petitioner as referred to in Exhibit P5 communication issued by the 2nd respondent and to pass appropriate orders thereon in accordance with law after giving an opportunity of being heard as expeditiously as possible at any rate within 'two months' from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the 2nd respondent for further steps. sd/- P.R. RAMACHANDRA MENON, JUDGE. rkc //TRUE COPY// PA TO JUDGE