IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 15438 of 2011(D) -------------------------- PETITIONER: ------------------ SEBASTIAN K.V. LICENSEE, KEROSENE WHOLESALE DEALER NO.4 KUTHIYATHODU, ALAPPUZHA DISTRICT. BY ADVS. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS RESPONDENTS: ---------------------- 1. CONTROLLER OF RATIONING, KERALA STATE, TRIVANDRUM PIN 695 033. 2. DEPUTY CONTROLLER OF RATIONING, SOUTHERN RANGE, KOLLAM PIN 691 013. 3. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT, ALAPPUZHA 688 001. 4. DISTRICT SUPPLY OFFICER, DISTRICT SUPPLY OFFICE, ALAPPUZHA PIN 688 001. 5. TALUK SUPPLY OFFICER, CHERTHAL TALUK TALUK SUPPLY OFFICE, CHERTHALA PIN 688 524. R1 TO R5 BY SR. GOVT. PLEADER SRI. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.15438 OF 2011 -------------------------------------------------- Dated this the 8th day of June 2011 JUDGMENT The petitioner, who is a kerosene dealer (whole sale), was prohibited from pursuing the operations; by virtue of the suspension of the license by the Deputy Controller of Rationing, Southern Range, Kollam as per order dated 09-03-2011. Being aggrieved of the same, the petitioner preferred an appeal before the Controller of Rationing, ie, the 1st respondent herein, and since there was delay in finalisation of the matter, he has approached this Court by filing W.P.(C) No.12962/2011, which was disposed of as per Ext.P5 judgment directing the 1st respondent to consider the appeal and pass appropriate orders within one month as specified therein. 2. Pursuant to Ext.P5 direction, the 1st respondent considered the appeal and passed Ext.P6 order dated 31-05-2011, declining to interfere with the issue, which forms the subject matter challenged in this Writ Petition. 3. The learned counsel for the petitioner submits that the reasoning given by the 1st respondent for declining interference is per-se wrong and illegal in all aspects. It is also stated that no proceeding is pending before the District Collector and further that, the District Collector is not having jurisdiction to pass the order. 4. Considering the fact that the suspension order has been passed by the Deputy Controller, going by the mandate under the W.P.(C) No.15438/2011 2 relevant statutory provisions, the District Collector cannot be an Appellate Authority and as such, there cannot be any valid proceeding pending before the District Collector. However, the learned Government Pleader points out that, what is intended in Ext.P6 is not any appeal proceeding before the District Collector, but, the finalisation of the suspension and that alone. 5. Going by the contents of Ext.P6 order impugned in this Writ Petition, it is seen that the 1st respondent has virtually refused to exercise his statutory duty conferred on him as per the relevant provisions of law. This Court does not express anything more with regard to the conduct of the said respondent. This Court finds that the impugned order is no more liable to be sustained and accordingly, the same is set aside. The 1st respondent is directed to reconsider the matter and pass final orders within 'one month' from the date of receipt of a copy of this judgment. 6. The petitioner shall produce a copy of this judgment along with a copy of the Writ Petition before the 1st respondent for taking further steps. Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE