IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 9255 of 2010(F) ------------------------- PETITIONER(S): --------------- SYAM DAS.K, S/O.HARIDAS, AGED 37 YEARS, RESIDING AT MYALILPUTHENPURA, MARANGATTUPALLY P.O., MEENACHIL TALUK, KOTTAYAM. BY ADV. SRI.C.K.PAVITHRAN RESPONDENT(S): --------------- 1. THE DISTRICT SUPPLY OFFICER, KOTTAYAM. 2. THE TALUK SUPPLY OFFICER, MEENACHIL TALUK, KOTTAYAM. GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.9255/2010-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of March, 2010 J U D G M E N T The petitioner herein is the son of late Shri M.N.Haridas who was a provisional licencee of A.R.D.No.70 in Meenachil Taluk. It is averred in the writ petition that petitioner's great grandfather, late Shri P.M.Narayanan Kunju was an Authorised Retail Distributor in the year 1950 and after his death, his son Shri K.N.Narayanan Nair was appointed from whom Smt.Janaki Amma had inherited the same. Smt.Janaki Amma expired on 14/04/2009 and her son late Shri M.N.Haridas was appointed as a provisional licencee as per Ext.P1. Shri M.N.Haridas expired on 27/04/2009 and thereafter, the shop is attached to ARD No.355 run by one Shri K.P.Joseph. Ext.P3 is the application for appointment on a permanent basis under clause 45(2) of the Kerala Rationing Order said to have been produced before the first respondent who refused to appoint the petitioner in the light of the decision of a Division Bench of this Court in W.A.No.1217/2009. It is the case of the petitioner that his application can be considered and there is no embargo in considering the W.P.(C). No.9255/2010 -:2:- application for permanent appointment but, the respondents are not taking action in the matter. The petitioner seeks for a direction to the first respondent to consider Ext.P3 application and appoint him as an Authorised Retail Distributor. 2. A Division Bench of this Court has held in W.P. (C).No.35583/2009 that any priority contemplated in Clause 45(2) of the Kerala Rationing Order is only subject to the operation of the reservation under Clause 45(2)(a)(i). Only after ensuring reservation provided in the said quota, any appointment of ration distributor can be made. 3. In that view of the matter, the said aspect will have to be looked into by the said respondent and only after completion of such formalities, the application for permanent appointment, as a legal heir, of the petitioner can be considered. But he can be considered for a provisional appointment being a legal heir. If the petitioner resubmits the application within a period of one week, the same will be considered by the first respondent for a provisional appointment within a period of three weeks thereafter and appropriate orders will be passed in accordance with the Kerala Rationing Order. The W.P.(C). No.9255/2010 -:3:- provisional appointment of the petitioner will continue till a regular appointment is made in terms of the relevant provisions. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms