IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 37793 of 2009(T) -------------------------------- PETITIONER: -------------- JOHNSON JOSEH,S/O.LATE M.J.JOSEPH, AGED 39,MANKUNNEL HOUSE,PANDAPILLY P.O, MUVATTUPUZHA VIA,ERNAKULAM DISTRICT. BY MR.BABU JOSEPH KURUVATHAZHA, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA REP.BY ITS SECRETARY TO GOVERNMENT,DEPT.OF CIVIL SUPPLIES, GOVT.SECRETARIAT,THIRUVANANTHAPURAM. 2. COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 4. THE DISTRICT SUPPLY OFFICER, ERNAKULAM. BY MR.P.N. SANTHOSH, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.37793 OF 2009 --------------------------------------- Dated this the 19th day of January, 2010. J U D G M E N T The late father of the petitioner was the licencee of the ration shop number bearing ARD No.171 at Pandappilli in Ernakulam District. The petitioner's father died on 20.01.2007. 2. The petitioner submitted a representation as per Exhibit P4 before the 4th respondent requesting him to issue licence provisionally to run the shop being one of the legal heirs of his late father. But, the shop is now attached to ARD No.178. Thereafter, the petitioner filed Exhibit P5 application for obtaining regular licence. Aggrieved by the delay in the matter, the petitioner has filed this writ petition. 3. The petitioner submits that in the light of the interim order passed in Writ Appeal No.1217/2001, the respondents are not taking any action in the matter. It is pointed out that in terms of the relevant provisions of clause 45 of Kerala Rationing Order 1966, a legal heir is entitled to get the permanent licence also. 4. Learned Government Pleader brought to my notice a W.P.(C) No.37793/2009 2 judgment of this Court in W.P.(C) No.35583/2009 rendered in a similar matter wherein the petitioner was the widow of the licencee. After examining the relevant clauses of Kerala Rationing Order, it was held that “any priority contemplated in Clause 45(2) is only subject to the operation of the reservation under clause 45(2)(1). Only after ensuring reservation provided in the said quota, the appointment of ration distributor can be made”. Therefore, before finalising the matter with regard to the claim of the petitioner for appointment, it has to be ensured that quota for reservation is satisfied. Since the said process may take some more time, there will be a direction to the 4th respondent to consider Exhibit P5 application for regular licence and pass appropriate orders within a period of three months. In the meanwhile, the request of the petitioner for temporary licence will be considered and appropriate decision will be taken in the matter. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp