IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 8319 of 2008(M) --------------------------------------- PETITIONER(S): ------------------------- A.H.PHIROSKHAN, S/O. HAMEED, ANTHINATTU HOUSE, THODUPUZHA,IDUKKI DISTRICT. BY ADV. SRI.T.KRISHNANUNNI(SR) SRI.SAJU.S.A SRI.VINOD RAVINDRANATH RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, IDUKKI DISTRICT, IDUKKI. 3. COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 4. A.H. JABBAR, ANTHINATTU HOUSE, BALUSSERI, KOZHIKODE DISTRICT. *ADDL.R5 IS IMPLEADED: R5. M.V.JOY, S/O.MATHAI, ETTACKAL PUTHNPURAYIL HOUSE, KAPITHOTTAM, THODUPUZHA EAST P.O., (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 1/12/2008 IN I.A.NO.15189/2008) GOVERNMENT PLEADER SMT.T.B.REMANI FOR R1 TO 3 ADV. SRI.K.J.KURIACHAN FOR R4 SRI.K.JAJU BABU FOR ADDL.R5 SMT.M.U.VIJAYALAKSHMI FOR ADDL.R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2008 ALONG WITH WPC NO. 10169 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8319/2008 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMBINED JUDGMENT OF SUB COURT, THODUPUZHA IN O.S.5/98 AND O.S.79/03 DTD. 12/01/2006. EXT.P2: COPY OF THE JUDGMENT IN AS.22/2006 ON THE FILE OF DISTRICT COURT, THODUPUZHA DTD. 21/08/2006. EXT.P3: COPY OF THE ORDER OF THE DISTRICT COLLECTOR DTD. 30/03/2006. EXT.P4: COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DTD. 13/02/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------------------------- W.P.(C). No.8319 & 10169 OF 2008 ----------------------------------------------- Dated this the 10th day of December, 2008 JUDGMENT Common questions arise in these Writ Petitions. They were therefore heard together and are being disposed of by this common judgment. For the sake of convenience, the parties are referred to as they are arrayed in W.P(C)No.10169 of 2008. 2. The petitioners and the fourth respondent are partners of a firm "M/s.Sarammal Hameed and Sons". The firm is the license of AWD No.6 of Thodupuzha Taluk. Disputes arose between the petitioners and the fourth respondent as regards the right to run AWD No.6. By Ext.P18 order passed on 13.2.2008 the Government over ruled the District Collector and Commissioner of Civil Supplies and cancelled the authorization issued to the firm to run AWD No.6. According to the petitioners, the Government have without issuing notice to them under the proviso to Clause 71 of the Kerala Rationing Order, 1966 cancelled the license. 3. A reading of Ext.P4 indicates that, on the revision W.P(C) NO.8319 & 10169/08 2 petition filed by the petitioners the license was cancelled in WP(C) No.10169 of 2008. This action of the Government clearly offends the first proviso to Clause 71 of the Kerala Rationing Order 1966. Pursuant to the direction issued by the Government in Ext.P18, the District Collector, Idukki has issued Ext.P19 notification dated. 24.09.2008 inviting applications from eligible persons for appointment as AWD No.6 in Thodupuzha Taluk. The additional fifth respondent in these Writ Petitions is one among the applicants who has applied pursuant to Ext.P19 notification. While impleading the additional fifth respondent, I had observed that his right would depend on the outcome of these Writ Petitioners. 4. It is not in dispute that before the Government decided to cancel the authorisation issued to the firm to run AWD No.6 the petitioners in these Writ Petitions were not put on notice or heard. Though Clause 71 of the Kerala Rationing Order empowers to cancel the licence, Government could have cancelled the licence only after giving notice to the petitioners of their intention to do so and after affording them a reasonable W.P(C) NO.8319 & 10169/08 3 opportunity to object to the proposed action. In the instant case, it was without following the procedure prescribed in the first proviso to Clause 71 of the Kerala Rationing Order 1966 that the order impugned in these Writ Petitions was passed. In that view of the matter I allow these Writ Petitions and quash Ext.P4 in W.P(C) No. 8319 of 2008 which is produced Ext.P18 in W.P(C) 10169 of 2008, and direct the Government to consider the revision petition (Ext.P14 in W.P(C) No.10169 of 2008) and pass revised orders thereon after affording the parties to these Writ Petitions except the fifth respondent, an opportunity of being heard. Further proceedings pursuant to Ext.P19 notification produced in W.P(C) No.10169 of 2008 shall be taken only if the Government decide to cancel the licence issued to the firm to run AWD No.6 of Todupuzha Taluk. Final orders on Ext.P14 revision Petition produced in W.P(C)No.10169 of 2008 shall be passed within 2 months from the date of receipt of a copy of this judgment. The contentions of the petitioners in both these Writ Petitions are kept open. The District Collector shall W.P(C) NO.8319 & 10169/08 4 await further orders of the Government and shall proceed with Ext.P19 notification only if the Government decides to cancel the licence issued to the firm to run the AWD No.6 of Thodupuzha Taluk. P.N.RAVINDRAN, JUDGE. sks/-