IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 24933 of 2008(R) -------------------------- PETITIONER: ---------------- V IBRAHIMKUTTY, AGED 40, S/O. VEERANKUTTY, KUNDUKULAM VEEDU, KALLEPADAM, PAZHAYANNUR, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------------ 1. THE COMMISSIONER OF CIVIL SUPPLIES OFFICE, OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE DISTRICT SUPPLY OFFICER, THRISSUR. 4. THE STATE OF KERALA REP. BY THE SECRETARY TO THE GOVT, CIVIL SUPPLIES DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 5. SHAJITHA K.A., KALLINGAPARAMBIL, VADAKKETHARA, PAZHAYANNUR P.O., THRISSUR DISTRICT. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.24933 OF 2008 ---------------------------------------- Dated this the 19th day of August, 2008 JUDGMENT The petitioner challenges Ext.P3 order of the Commissioner of Civil Supplies. The petitioner's grievance in this writ petition is that although the Commissioner of Civil Supplies confirmed Ext.P2 order of the District Collector, he actually misread the order of the District Collector. The District Collector had, by Ext.P2 order, remanded the matter to the District Supply Officer for fresh consideration in accordance with law. While confirming that order, by Ext.P3 order, the Commissioner of Civil Supplies further directed to issue a fresh notification and conduct a selection process. The petitioner would contend that this is clearly illegal and unsustainable. I am not inclined to entertain this writ petition, in view of the fact that the petitioner has a remedy by way of appeal to the Government as provided under the Kerala Rationing Order. Accordingly, without prejudice to the right of the petitioner to challenge Ext.P3 order in an appeal before the Government, this W.P.(c)No.24933/08 2 writ petition is dismissed. The petitioner would also be free to move a stay petition before the Government along with appeal to be filed, if so advised. S. SIRI JAGAN, JUDGE Acd