IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 WP(C).No. 34561 of 2004(M) ---------------------------------------- PETITIONER(S): ----------------------- MUTTATHARA GOPAKUMAR, GENERAL SECRETARY, THIRUVANANTHAPURAM TALUK COMMITTEE, KERALA STATE RETAIL RATION DEALERS ASSOCIATION, REGISTRATION NUMBER 323/86, T.C.NO. 25/256, DESHABHIMANI ROAD, THIRUVANANTHAPURAM-1. BY ADVS. SRI.NAGARAJ NARAYANAN SRI.N.NARAYANAN NAIR SRI.NAIR AJAY KRISHNAN SRI.SAIJO HASSAN SRI.A.S.SABU SREEDARAN SRI.A.G.GIRISH KUMAR SRI.VIMAL KUMAR.A.V. RESPONDENT(S): -------------------------- 1. THE COMMISSIONER OF CIVIL SUPPLIES, MUSEUM, TRIVANDRUM. 2. DIRECTOR OF CIVIL SUPPLIES, MUSEUM, TRIVANDRUM. 3. CONTROLLER OF RATIONING, MUSEUM, TRIVANDRUM. 4. DISTRICT SUPPLY OFFICER, TRIVANDRUM. 5. DISTRICT COLLECTOR, TRIVANDRUM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ------------------------- W.P (C) No.34561 of 2004 -------------------------- Dated this the 19th January, 2011 J U D G M E N T In the year 2004 this writ petition was filed by the General Secretary of the Thiruvananthapuram Taluk Committee of the Kerala State Retail Ration Dealers Association. The prayer sought is not to effect suspension of the dealership without hearing or enquiry. Going by the pleadings itself, suspension of the dealership without hearing or enquiry is permissible in view of the provisions contained in Rule 40 (7) and 45 (8) of the Kerala Rationing Order. The ground on which the writ petition is filed is that the unilateral power conferred on the authorities to place dealers on suspension without enquiry or hearing will be arbitrarily exercised. First of all the fact that a rule is capable of being abused or misused is no reason to invalidate the rule. Even if in a particular case, the rule is abused or misused, it is for the aggrieved party to challenge the action. Therefore,the petitioner cannot sustain the prayer to quash the rule. The writ petition fails and it is accordingly dismissed. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge W.P (C) No. 2010 2