IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 25TH APRIL 2008 / 5TH VAISAKHA 1930 WP(C).No. 12620 of 2008(B) -------------------------- PETITIONER: ------------ O.V.SAJITHA AGED 34 YEARS, D/O.OMANA, KALARIYIL, KUREEPPUZHA P.O., PERINAD, KOLLAM. BY ADV. SRI.V.JAYAPRADEEP RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF CIVIL SUPPLIES, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE TALUK SUPPLY OFFICER, KOLLAM. BY GOVERNMENT PLEADER, SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No.12620 of 2008(B) ======================= Dated this the 25th day of April, 2008 JUDGMENT The petitioner was appointed as authorised retail dealer in ration articles by Ext.P1 order dated 21.7.2007. According to the petitioner, pursuant to the same, the petitioner has commenced running the shop. However, by order dated 27.7.2007 in an appeal stated to have been filed by one of the applicants, Ext.P1 order has been stayed by the District Collector. According to the petitioner, even before Ext.P2 stay order was passed, the petitioner had commenced business and has been continuing running of the shop till Ext.P3 order was passed on 8.4.2008 directing stoppage. The petitioner submits that petitioner has not been heard before passing of the stay order and petitioner has been running the shop till Ext.P3 order was passed. The petitioner, therefore, seeks stay of further proceedings pursuant to Exts. P2 and P3. 2. I have heard the learned Government Pleader also. The petitioner can run a ration shop only if the ration articles are W.P.(C) No.12620/2008/B -2- supplied to him for distribution through his shop. In spite of Ext.P2, the petitioner has been allowed to run the shop for almost nine months. As such, I do not think that it is in the interest of any body to stop running of the shop at this point of time. In the above circumstances, the writ petition is disposed of with following directions: The 2nd respondent shall consider and pass orders on the appeal in which Ext.P2 order has been passed as expeditiously as possible after affording an opportunity of being heard to the petitioner and others including the appellant who has filed appeal in which Ext.P2 order has been passed. Till orders are passed, the petitioner shall be allowed to continue the running of the shop despite Exts. P2 and P3. Sd/- S.SIRI JAGAN, JUDGE jp /True copy/ P.A. to Judge