IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 5056 of 2010(F) ------------------------------------- PETITIONER: ------------------- C.G.VIJAYAKUMAR, PUTHUVARATHU VEEDU, SOORANADU, KOLLAM DISTRICT. BY ADV. MR.D.SOMASUNDARAM. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPARTMENT, THIRUVANANTHAPURAM. 2. COMMISSIONER CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. DISTRICT SUPPLY OFFICER, KOLLAM DISTRICT. 4. TALUK SUPPLY OFFICER, KUNNATHOOR TALUK, KOLLAM. 5. SHAJAHAN, PAMPADAZHI THEKKETHIL, THRIKKUNNAPPUZHA VADAKKU, KAKANNU P.O., SOORANAD, KOLLAM DISTRICT. 6. R.VISWANATHAN NAIR, PURANCHUTTIL VEEDU, PANAKADAVU P.O., SOORANADU, KOLLAM. 7. M.SANKARA KURUP, AMBIKA BHAVANAM, ANAYADI P.O., SOORANADU, KOLLAM. 8. MRS.PRASANNAKUMARI AMMA, THIRUVONAM, PADINJARE KIZHAKKE, SOORANADU, KOLLAM. R1 TO R4 BY GOVERNMENT PLEADER, R7 BY ADV. MR.P.V.DILEEP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5056/2010-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 25/08/2005. EXT.P.2: COPY OF THE ORDER NO. CS2-271/05 DTD. 03/10/2005. EXT.P.3: COPY OF THE INTERIM ORDER IN I.A. NO. 2074/2006 IN W.P.(C). NO.28664/2005 DTD. 15/02/2006. EXT.P.4: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE COMMISSIONER, CIVIL SUPPLIES. EXT.P.5: COPY OF THE ORDER DTD. 29/01/2010. EXT.P.6: COPY OF THE MEMORANDUM OF APPEAL NO. 1887/B2/2010 F & CSD. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5056/2010-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of March, 2010 J U D G M E N T The petitioner herein was appointed as Authorised Retail Distributor to conduct a Ration Depot No.58 in Kunnathur Taluk as per Ext.P1 order passed by the third respondent. Consequently, agreements were executed and the functioning of the ARD started. The above order was reversed by the District Collector which was taken up by the petitioner before the Commissioner by way of an appeal (Ext.P4). This Court by Ext.P3 order passed in I.A.No.2074/2006 in W.P.(C).No.28664/2005 permitted the petitioner to run the Depot. 2. There were a total of five applicants for the appointment of ARD. 3. Ext.P4 appeal has now been rejected as per Ext.P5 order which is under challenge in this writ petition. Meanwhile, the petitioner has filed a further appeal before the Government as per Ext.P6 and the petitioner has also filed an application for stay. In between, on 09/02/2010 action was taken to verify the stock contained in the shop for executing Ext.P5 and it is in these circumstances, the petitioner approached this Court by filing this writ petition. W.P.(C). No.5056/2010 -:2:- 4. This Court passed an interim order on 17/02/2010 staying the implementation of Ext.P5 for a period of one month and allowing the petitioner to run ARD No.58 as was being done earlier. 5. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the official respondents. In the meanwhile, the petitioner had approached this Court by filing Contempt of Court Case No.259/2010 alleging disobedience of the interim order passed by this Court which was disposed of today on the basis of the submission of the learned Government Pleader that the order has been complied with. Therefore, the writ petitioner is now running the shop. 6. The learned Government Pleader further submitted that the appeal will be disposed of within a time frame. 7. The learned counsel for the petitioner prayed that the interim order may be retained till the appeal is disposed of by the Government. 8. Therefore, there will be a direction to the first respondent to take a decision on Ext.P6 appeal within a period of three months from the date of receipt of a copy of this Judgment after hearing the petitioner and other parties. The interim order passed by this Court will continue to be in operation till appeal is heard and W.P.(C). No.5056/2010 -:3:- disposed of and the order is communicated to the petitioner. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms