IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 7926 of 2006(R) ------------------------------------ PETITIONERS: ---------------------- N. BABURAJ, S/O. NARAYANAKURUP, `MOHANALAYAM', THENJIPPALAM P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.J.MATHEW SRI.THOMAS JOHN AMBOOKEN RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT FOOD AND CIVIL SUPPLIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE DISTRICT SUPPLY OFFICER, MALAPPURAM. 4. THE TALUK SUPPLY OFFICER, TIRURANGADI, MALAPPURAM DISTRICT. 5. SRI. T.P. AHAMMEDKUTTY, CONVENOR, ARD-3, RATION CONSUMERS SAMITHI P.O. VALLIKUNNU NORTH, PARAPPANANGADI (VIA.) *ADDL. R6 IMPLEADED. 6. CHERAYITHODI VELAYUDHAN, S/O. AYYAPPAN, VALLIKKUNNU, KADALUNDI NAGARAM, THIROORANGADI TALUK, MALAPPURAM DISTRICT. *ADDL. R6 IMPLEADED AS PER ORDER DT.7.6.06 IN IA. 6975/06 . GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R1 - R4 SRI.K.PADMANABHAN FOR R5 SRI.A.D.RAVINDRA PRASAD FOR R5 SRI.BABU S. NAIR FOR ADDL.R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7926/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER OF APPOINTMENT ISUED BY THE 3RD RESPONDENT DT. 22.3.05. P2:- COPY OF THE PROCEEDINGS DT. 22.3.05 OF THE 3RD RESPONDENT. P3:- COPY OF THE ORDER NO.C.S. 9/1497/05 OF THE 3RD RESPONDENT DT. 3.5.05. P4:- COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DT. 30.4.05. P5:- COPY OF THE JUDGMENT DT. 25.11.05 IN WPC. N.18883/05. P6:- COPY OF THE COVERING LETTER SUBMTITED BEFORE THE 2ND RESPONDENT DT. 21.2.06. P6(a):- COPY OF THE PANCHAYATH COMMITTEE DECISION DT. 3.5.05. P7:- COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DT. 9.3.06. P8:- COPY OF THE MASS REPRESENTATION BEFORE THE 2ND RESPONDENT DT. NIL. RESPONDENT'S EXHIBITS R5(a):- COPY OF THE MAHAZAR DT. 27.8.02 ISSUED BY RATIONING INSPECTOR, PARAPPANANGADI. R5(b):- COPY OF THE NOTIFICATION NO.CS10/422/02 DT. 10.12.04 ISSUED BY 3RD RESPONDENT R5(c):- COPY OF THE REPRESENTATION DT. 26.3.05 SUBMITTED BY CONSUMERS. R5(d):- COPY OF THE CONSENT LETTER DT. 4.4.05 ISSUED BY BUILDING OWNER. R5(e):- COPY OF THE REPRESENTATION DT. 11.5.05 SUBMITTED BY 5TH RESPONDENT. R5(f):- COPY OF THE REPRESENTATION DT. 21.2.06 SUBMITTED BY WARD MEMBER M.P. SUBAIDA. R5(g):- COPY OF THE AGENDA OF MINUTES OF THE PANCHAYAT MEETING. R5(h):- COPY OF THE REPRESENTATION DT. 25.1.06 SUBMITTED BY M.P.SUBAIDA WARD MEMBER. R5(i):- COPY OF THE LETTER NO.CS10/1643/05 DT. 24.6.05 ISSUED BY DISTRICT SUPPLY OFFICER. R5(j):- COPY OF THE LETTER DT. 5.7.05 SUBMITTED BY 5TH RESPONDENT. R5(k):- COPY OF THE LETTER DT. 5.7.05 SENT BY OQWNER OF THE BUILDING. R5(l):- COPY OF THE REPRESENTATION DT. 25.1.06 SUBMITTED BY 5TH RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.7926 of 2006 ---------------------------------------------- Dated 15th October, 2008. J U D G M E N T The challenge is on Ext.P7 order passed by the second respondent whereby the proceedings of the District Supply Officer dated 22.3.2005 was cancelled. Apparently it is seen that in the process, licence also has been cancelled. According to the petitioner, cancellation of licence was not an issue before the District Collector, only the shifting was the issue. Be that as it may, since the petitioner has an effective remedy before the Commissioner, Civil Supplies, it is not necessary for this court to go into the various contentions taken by the petitioner. In the event of the petitioner pursuing the above remedy within two months from today, the matter will be duly considered by the said authority with notice to the petitioner and respondents 5 and 6 and appropriate orders in accordance with law will be passed within another four months. Till orders are passed as above, the interim order passed by this court will continue. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.7926 of 2006 ---------------------------------------------- J U D G M E N T Dated 15th October, 2008.