IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 31340 of 2009(S) -------------------------- PETITIONERS: -------------------- 1. K.S.RAVI, S/O.SUBRAMANIYAN, KARAPPALLY, P.O.POTTA (MOSCOW) CHALAKKUDY, THRISSUR. 2. C.R.UNNI, S/O.RAMANKUTTY, CHIRAKKAL HOUSE, NEAR VANITHA K.K.ROAD, CHALAKKUDY, THRISSUR. BY ADV. SRI.K.N.PADMAKUMAR RESPONDENTS: ---------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPARTMENT THIRUVANANTHAPURAM-1. 2. CHAIRMAN AND MANAGING DIRECTOR KERALA STATE CIVIL SUPPLIES CORPORATION MAVELI BHAVAN, GANDHI NAGAR, ERNAKULAM. 3. MANAGER (MARKETING) KERALA STATE CIVIL SUPPLIES CORPORATION, MAVELI BHAVAN, GANDHI NAGAR, ERNAKULAM. 4. REGIONAL MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION, PALAKKAD. 5. OFFICER IN CHARGE, MEDICAL WHOLESALE KERALA STATE CIVIL SUPPLIES CORPORATION, OLAVAKKODE, PALAKKAD. 6. THE ASSISTANT MANAGER, KERALA STATE CIVIL SUPPLIES CORPORATION, TALUK DEPO, CHALAKKUDY, THRISSUR. R1 TO R6 BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.P.(C) No.31340 of 2009 ------------------------------------------ Dated this the 17th day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. This public interest litigation is filed challenging the closing down of Maveli Medical Store, Chalakudy established by the Kerala State Civil Supplies Corporation, Palakkad. It is alleged that though large investment was made in establishing the shop and as it was felt necessary of giving medicines to the needy and poor at discount rates, the shop was working well. However, by the whims and fancies of the Corporation a decision has been taken to close down the shop. It is submitted that by closing down the shop the people of the locality will be affected. 2. After issuance of notice to the respondents, the third respondent has filed a detailed statement, inter alia, stating that the Kerala State Civil Supplies Corporation is running around 92 medical stores at various locations in the State and being operated as per the social and commercial viability assessed from time to time. According to the Corporation, under the 'Break Even Point' sales for medical stores wherein large investment is made, the expected sale is around Rs.12000/- per day. On the other hand, it is stated that though the medical shop in question was opened in the super market premises to cater to the need of the consumers, noting the W.P.(C) No.31340 of 2009 - 2 - fact that the average sale per day had come down to Rs.4000/- which was far below the 'Break Even Point', thereby resulting in incurring huge loss to the Corporation and as such the Corporation took a decision to close down the shop and if possible to establish similar shops near the Government hospitals to cater to the need of the public, if suitable building is available. It is also brought to our notice that Neethi Medical Shop run by the Consumer Federation is available in the nearby area which would be sufficient to cater to the need of the people and by closing down shop in question no damage or harm will be caused to the people as such. 3. Noting these peculiar facts and circumstances and especially the object of closing down the shop being non viability and running into huge loss, we do not think there is any justification in not allowing the closing down of the shop in question and as such we find no merit in the writ petition and it is accordingly rejected. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns/vku.