IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 18863 of 2009(C) -------------------------- PETITIONER(S): --------------- V.S.SHINE, A.R.D. NO.118/110 VALIYAVEETRIL VETTAKKAL .P.O., CHERTHALA. BY ADV. SRI.T.S.RADHAKRISHNA PILLAI SRI.O.K.MURALEEDHARAN RESPONDENT(S): --------------- 1. THE COMMISSIONER OF CIVIL SUPPLIES TRIVANDRUM. 2. THE DIRECTOR OF CIVIL SUPPLIES, TRIVANDRUM. 3. THE DEPUTY CONTROLLER OF RATIONING SOUTH ZONE, KOLLAM. 4. THE DISTRICT SUPPLY OFFICER, ALAPPUZHA. 5. THE TALUK SUPPLY OFFICER, CHERTHALA. BY SMT. M.R. SREELATHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) Nos. 18863 & 18864 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of July, 2009 J U D G M E N T Almost identical facts are involved in these writ petitions. Therefore they have been heard together and are being disposed of by this common judgment. I will refer to the facts in WP(C) No. 18863 of 2009. 2. Petitioner is the Licensee of a Ration Retail Shop. Licence was suspended. The card holders were attached to another shop. Thereafter a Charge Memo Ext.P1 was issued. Petitioner submitted a reply. Ext.P3 order was passed by the Deputy Controller of Rationing imposing a penalty on the petitioner under Clause 45(8) of the rationing Order. There is also a direction to remit the value of 1305kg of rice (in WP(C) No. 18863/09) and 1015kg (in WP(C) No. 18864/09). The licence has not been cancelled. Petitioner preferred an appeal before the Director of Civil Supplies as Ext.P4. By Ext.P5, a stay of all further proceedings pursuant to Ext.P3 has been granted subject to certain conditions. These writ petitions have WPC.Nos. 18863 & 18864 of 2009 : 2 : been filed seeking appropriate direction in relation to the condition in Ext.P5, directing the petitioner to remit 50%. 3. In circumstances where the petitioner's licence has not been cancelled, I am of the view that it would suffice if the petitioner pays 25% of the amount, which has been directed to be deposited as fine, as also as value of the rice pending disposal of the Appeal. He shall deposit or pay the amount as aforementioned within one month from today. If it is so done, further enforcement of Ext.P3 shall be kept in abeyance till the disposal of the Appeals. These writ petitions are disposed of as above. (V.GIRI, JUDGE) jma