IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 10634 of 2006(N) --------------------------------------- PETITIONER(S): ---------------------- P.A.HAMSA, S/O.ABDUKUTTY, AGED 44 YEARS, ARD NO.81, AMBALAPUZHA, ALAPPUZHA. BY ADV. SRI.K.JAJU BABU RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION, DEPARTMENT OF CONSUMER AFFAIRS, KRISHI BHAVAN, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 3. THE DISTRICT SUPPLY OFFICER, ALAPPUZHA. 4. THE TALUK SUPPLY OFFICER, AMBALAPUZHA. GOVERNMENT PLEADER FOR R2,3,4 SRI.P.PARAMESWARN NAIR, ASST. S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.10634/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER NO.CS.5-2912/05 DT. 16.12.05 ISSUED BY THE 4TH RESPONDENT. P2:- COPY OF THE CHARGE MEMO NO.C.S. 5.718/06 DT. 13.2.06 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. P3:- COPY OF THE REPLY GIVEN BY THE PETITIONER BEFORE THE THIRD RESPONDENT DT. 24.2.06. P4:- COPY OF THE ORDER NO.CS.5.718/06 DT. 27.3.06 ISSUED BY THE 3RD RESPONDENT. P5:- COPY OF THE ORDER NO.GSR.104(2) DT. 15.2.02 ISSUED BY THE IST RESPONDENT. P6:- COPY OF THE ORDER NO.GSR.490(E) DT. 16.6.03 ISSUED BY THE IST RESPONDENT. P7:- COPY OF THE LETTER NO.10/1/2002-ECR SENT BY THE IST RESPONDENT DT. 23.9.03. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.10634 of 2006 ----------------------------------------- Dated this the 22nd day of October, 2008 JUDGMENT Petitioner is aggrieved by the steps taken by the 3rd respondent for the cancellation of the licence granted to the petitioner for conducting a ration shop (ARD 81) of Ambalapuzha Taluk. It is seen that the petitioner has also pursued the appellate remedy. Learned Government Pleader submits that steps have been taken on the allegation and subsequent inspection of records which revealed huge misappropriation of ration articles by falsification of accounts. Learned Government Pleader also submits that from the nearby shop ration articles were also seized. Details are stated in the counter affidavit. Be that as it may, the main contention of the petitioner is that there is no evidence on the allegation that those articles found in the nearby shop belonged to the petitioner's ration shop. Be that as it may, it is seen that Ext.P4 order is passed by the District Supply Officer. The statutory remedy open to the petitioner is before the District Collector. Learned counsel for the petitioner submits that in the similar circumstances the very same District W.P(C).No.10634 of 2006 -:2:- Supply Officer had passed Ext.P8 order restoring the licence of a shop which has been cancelled. These are all contentions which the petitioner can take before the District Collector. Accordingly the writ petition is disposed of as follows. In the event of the petitioner filing an appeal before the District Collector within a period of two months from today, the District Collector will consider the same with notice to the petitioner and pass appropriate orders in accordance with law within another four months. The interim order passed by this court will continue till such time. It is made clear that in that view of the matter the other contentions taken by the petitioner are left open. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.10634 of 2006 ----------------------------------- JUDGMENT 22nd October, 2008