IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 WP(C).No. 12962 of 2011(U) -------------------------- PETITIONER(S): --------------- SEBASTIAN.K.V., LICENSEE, KEROSENE WHOLESALE DEALER NO.4, KUTHIYATHODU, ALAPPUZHA DISTRICT. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW RESPONDENT(S): --------------- 1. CONTROLLER OF RATIONING, KERALA STATE TRIVANDRUM-695033. 2. DEPUTY CONTROLLER OF RATIONING SOUTHERN RANGE, KOLLAM-691013. 3. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT, ALAPPUZHA-688001. 4. DISTRICT SUPPLY OFFICER, DISTRICT SUPPLY OFFICE, ALAPUZHA-688001. 5. TALUK SUPPLY OFFICER, CHERTHALA TALUK TALUK SUPPLY OFFICE, CHERTHALA-688524. BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.12962 of 2011 ----------------------------------------- Dated this the 3rd May, 2011 JUDGMENT The petitioner is a wholesale kerosene dealer. The licence issued to him was suspended by the Deputy Controller of Rationing, Southern Range, Kollam, pursuant to an inspection held on 8.3.2011 by Ext.P2 order dated 9.3.2011. Aggrieved thereby, the petitioner has filed Ext.P4 appeal before the Controller of Rationing. This writ petition is filed mainly seeking a direction to the Controller of Rationing to consider Ext.P4 appeal and pass appropriate orders thereon expeditiously. 2. When the writ petition came up for hearing today the learned counsel appearing for the petitioner submitted that Ext.P2 order suspending the licence was issued on 9.3.2011 and that within the period of limitation prescribed for filing an appeal the petitioner has filed Ext.P4 appeal before the Controller of Rationing. The learned counsel submitted that in such circumstances as the petitioner has invoked the appellate remedy available to him, the appellate authority may be directed to consider the appeal and pass appropriate orders thereon W.P(C) NO.12962/2011 -:2:- expeditiously as otherwise the petitioner will be put to serious prejudice. 3. Sri.P.Narayanan, learned Government Pleader appearing for the respondents, submitted that if as claimed by the petitioner Ext.P4 appeal has been received by the Controller of Rationing and if it is filed within the prescribed time limit the Controller of Rationing will consider the same and pass appropriate orders thereon expeditiously. In the light of the said submission I dispose of the writ petition with a direction to the Controller of Rationing to consider Ext.P4 appeal, if the same has been received and is pending and pass appropriate orders thereon expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment along with a copy of the writ petition before the first respondent. Needless to say the Controller of Rationing shall afford the petitioner an opportunity of being heard before passing orders on Ext.P4 appeal. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.12962 of 2011 ---------------------------- JUDGMENT 3rd May, 2011