IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 14612 of 2007(S) ---------------------------------------------- PETITIONER: ----------------- K.R. VIKRAMAN, KUTTIKKATTU, OONNUKAL P.O., CHENEERKARA, OMALLOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.THOMAS ABRAHAM RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY IT'S SECRETARY, CIVIL SUPPLIES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 2. COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT. 4. DISTRICT SUPPLY OFFICER, PATHANAMTHITTA. 5. M.A. BABU, BUDHANIKUNNIL HOUSE, AZHOOR ROAD, PATHANAMTHITTA. R1 TO R4 BY SR. GOVERNMENT PLEADER SMT. K. MEERA R5 BY SR. ADV. SHRI A.M. SHAFFIQUE & SHRI ANIL D. NAIR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C). NO. 14612 OF 2007 M PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER DATED 30.12.2006 PASSED BY THE THIRD RESPONDENT. EXT.P2TRUE COPY OF THE ORDER DATED 20.4.2007 PASSED BY THE 2ND RESPONDSENT. EXT.P3TRUE COPY OF THE REPRESENTATION DATED 30.4.2007 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R5(A) TRUE COPY OF THE COUNTER AFFIDAVIT DATED 28TH JUNE, 2006 FILED BY THE FIFTH RESPONDENT BEFORE THE HONOURABLE MUNSIFF COURT, PATHANAMTHITTA IN O.S. NO. 214 OF 2006 (IA 978/06). EXT.R5(B) TRUE COPY OF THE MEDICAL CERTIFICATE DATED 27TH APRIL, 2007. //TRUE COPY// PS TO JUDGE H.L. DATTU, CJ. & K. M. JOSEPH, J. -------------------------------------------------- W.P(C). NO. 14612 OF 2007 --------------------------------------------------- Dated this the 29th February, 2008 JUDGMENT H.L. DATTU, C.J: Petitioner is a Member of Chenneerkara Grama Panchayath in Pathanamthitta District. In this Writ Petition filed under Article 226 of the Constitution of India, petitioner primarily questions Ext.P2 order passed by the Commissioner of Civil Supplies in Case No.(CS)A8-7644/07 dated 20.04.2007. By the impugned order, the Commissioner directs the District Collector, Pathanamthitta to revoke the suspension order of the KWD No.3 and restore the licence to Shri M.A. Babu, who is the fifth respondent herein, with immediate effect, without prejudice to the detailed enquiry, if any, going on. 2. In our view, we need not have to notice in detail the factual matrix pleaded by both the parties, since we intend to direct the petitioner to file a Revision Petition as provided under Clause 18 of the Kerala Kerosene Control Order, 1968. 3. In this Writ Petition, as we have already noticed, the petitioner calls in question, the orders passed by the Commissioner of Civil Supplies. If for any reason, the petitioner is aggrieved by Ext.P2 order, he can make an application before the State Government under Clause 18 of the Kerala Kerosene Control Order, 1968 to satisfy itself as to the legality or propriety of the orders passed by its subordinate Officers and further request the State Government to pass such orders as it deems fit. 4. The remedy so provided, in our opinion, is an alternate remedy and bypassing that remedy, the petitioner who says that he is aggrieved by the order of the Commissioner of Civil Supplies, ought to have filed an application as provided under Clause 18 of the Kerala Kerosene Control Order, 1968. The Writ Petition filed WPC. 14612/07 2 by the petitioner is premature and, therefore, we need not have to go into the correctness or otherwise of the impugned orders passed by the Authorities under the Kerala Kerosene Control Order, 1968. 5. Therefore, we pass the following Order i) The Writ Petition is disposed of. ii) Liberty is reserved to the petitioner, if he so desires, to make an appropriate application before the State Government as provided under Clause 18 of the Kerala Kerosene Control Order, 1968 within fifteen days from today. If such a petition is filed within the time granted by this Court, the State Government will consider the application as expeditiously as possible, at any rate, within fortyfive days from the date of filing of the application, after affording an opportunity of hearing to the applicant as well as the fifth respondent, namely the licensee Shri M.A. Babu. iii) The interim order granted by this Court will enure to the benefit of the petitioner for a further period of three weeks from today. iv) Liberty is reserved to the petitioner to seek appropriate interim orders from the State Government, if he so desires. All the contentions of the parties are left open. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, kbk. JUDGE