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. 35544 of 2009(K) ----------------------------------- PETITIONER(S): ----------------------- SMT.C.J.PONNAMMA, W/O.LATE GOPINATHAN PILLAI, AGED 64 YEARS,RESIDING AT 'SREE NILAYAM' VELLOOR HOUSE, AYROOR P.O., NORTH PARUR TALUK. BY ADV. MR.C.K.PAVITHRAN RESPONDENT(S): -------------------------- 1. THE DISTRICT SUPPLY OFFICER,ERNAKULAM. 2. THE TALUK SUPPLY OFFICER, NORTH PARUR. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FOOD & CIVIL SUPPLIES DEPARTMENT, SECRETARY, THIRUVANANTHAPURAM. BY GOVT. 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: W.P.(C) NO.35544/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION DTD. 28.3.07 SUBMITTED BY THE PETITIONER. P2:- COPY OF THE PROCEEDINGS DTD. 10.5.07. P3:- COPY OF THE PROCEEDINGS DTD. 2.6.07 ISSUED BY THE 2ND RESPONDENT. P4:- COPY OF THE INTERIM ORDER DTD. 14.7.09 IN WA. NO.1217/09. P6:- COPY OF THE ORDER DTD. 10.11.09 IN IA. 932/09. P7:- COPY OF THE PROCEEDINGS DTD. 2.12.09. TRUE COPY P.A. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 35544 of 2009-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2010. JUDGMENT The petitioner's husband was a licencee of ARD No.150 in North Parur Taluk. He expired on 3.4.2005. After his death, the petitioner applied for grant of licence as per Ext.P1, in terms of clause 45(2) of the Kerala Rationing Order. A provisional appointment was granted as per Ext.P2 which was implemented on 2.6.2007 and the petitioner has been continuing the business without any break. The challenge is against Ext.P7 whereby the authorisation granted to the petitioner was cancelled in the light of the interim order passed by this Court in W.A. No.1217/2009. 2. Learned counsel for the petitioner submitted that the cancellation is on a wrong interpretation of the interim order and the judgment in W.A. No.12172/009. There was no bar as far as the temporary appointment of a legal representative of the licensee is concerned. 3. A reading of Exts.P4 to P6 orders passed by the Division Bench does not show that there is a bar with regard to the appointment of a legal heir on a temporary basis. In Ext.P4 order dated 14.7.2009 the Division Bench emphasised the aspect of examining the mandatory requirement of wpc 35544/2009 2 reservation as provided in sub-clause (2)(a) of Clause 45. It was clarified in Ext.P5 that it will not affect the appointment of a nominee of existing authorised retail distributor. 4. In a later judgment in W.P.(C) No.35583/2009, the claim for appointment of a legal heir on a permanent basis was considered by a Division Bench, in the light of the relevant provisions, viz. Clause 45(2)(a) (i) of the Rationing Order. It was held by the Division Bench 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 continuance of the temporary arrangement was allowed till regular appointment is made. 5. In the light of the above, the cancellation of the temporary appointment by Ext.P7, cannot be accepted and the same is set aside. The appointment of the petitioner on a temporary basis, therefore, could be considered in continuation of the appointment made under Ext.P2 and appropriate orders will be passed within three weeks from the date of receipt of a copy of this judgment, by the first respondent. With regard to the wpc 35544/2009 3 appointment on permanent basis, it will have to be done in the light of the directions issued by the Division Bench quoted above. If the notification is for category of women, then the petitioner can also furnish a fresh application. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/