IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 34934 of 2009(J) ---------------------------------------- PETITIONER(S): ------------------------- LAILA BEEVI, W/O. MAJEED RAWATHER, AGED 53 YEARS, RESIDING AT VALIYAUDAYANCHIRA THEKKEKARA PUTHENVEEDU, MANACODE.P.O, KALANJOOR VIA, PATHANAPURAM, KOLLAM. BY ADV. MR.A.SHAFEEK (KAYAMKULAM) RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KOLLAM. 3. DISTRICT SUPPLY OFFICER, KOLLAM. 4. TALUK SUPPLY OFFICER, PATHANAPURAM. BY GOVERNMENT PLEADER MR. M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34934/2009 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DTD. 4/11/2009 ISSUED BY THE 2ND RESPONDENT. P2: COPY OF THE ORDER DTD. 9/11/2009 ISSUED BY THE 3RD RESPONDENT. P3: COPY OF THE APPLICATION DTD. 14/10/2009 SUBMITTED BY THE PETITIONER. P4: COPY OF THE ORDER DTD. 16/11/2009 ISSUED BY THE 3RD RESPONDENT. P5: COPY OF THE INTERIM ORDER DTD. 14/07/2009 IN W.A.NO.1217/2009 OF THIS HON'BLE COURT. P6: COPY OF THE ORDER IN I.A.NO.812/2009 IN W.A.NO.1217/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 34934 of 2009-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2010. JUDGMENT The petitioner's husband late Shri Majeed Rawather was an authorised ration dealer in Pathanapuram Taluk as ARD No.69. Based on certain inspection conducted on 2.2.2009 proceedings were taken against him, which evident from Exts.P1 and P2 orders. Pending the proceedings, he died on 23.6.2009. In terms of the proceedings, the petitioner deposited an amount of Rs.54,635/- on 25.11.2009. 2. For transferring the ARD in her name, the petitioner submitted Ext.P3 application before the third respondent. Later, the third respondent cancelled the ARD in the name of the late husband of the petitioner and called for application from the legal heirs under compassionate appointment. Since the application is kept pending without any action, this writ petition has been filed. The petitioner was informed that in the light of the decision of a Division Bench of this Court in W.A. No.1217/2009, the application cannot be considered at this stage. 3. The petitioner is relying upon Clause 45(2) of the Kerala Rationing Order, enabling the legal heir for getting appointment. wpc34934 /2009 2 4. The issue is now covered by the decision of a Division Bench of this Court in W.P.(C) No.35583/2009 wherein it was held that ““any priority contemplated in Clause 45(2) is only subject to the operation of the reservation under clause 45(2)(i). Only after ensuring reservation provided in the said quota, any appointment of ration distributor can be made.” The Division Bench also allowed continuance of temporary appointment till regular appointment is made. 5. In the light of the above, the writ petition is disposed of directing the respondents to consider the petitioner's application for temporary appointment till a regular appointment is made. As regards her regular appointment, the same will be governed by the directions issued by this Court in the judgment in W.P.(C) No.35583/2009 which is quoted above. No costs. (T.R. Ramachandran Nair, Judge.) kav/