IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 14116 of 2006(E) -------------------------- PETITIONER: --------------- M.H.MUHAMMED, S/O.HASSAN, MUTTATHUKUNNEL HOUSE, MUTHALAKKADOM P.O., SASTHAMPARA, KARIKODE VILLAGE, EDAVATTY PANCHAYAT. BY ADV. SRI.K.G.ANIL BABU SMT.T.V.SREEJA SMT.M.KABANI DINESH SMT.M.P.SEETHA SMT.AYSHA YOUSEFF RESPONDENT(S): --------------- 1. THE COMMISSIONER FOR CIVIL SUPPLIES, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPPLY OFFICER, IDUKKI. 3. THE TALUK SUPPLY OFFICER, THODUPUZHA. 4. THE DISTRICT COLLECTOR, IDUKKI. 5. AMINA MOHAMMED, W/O.LATE MOHAMMED, MARAVETTIKKAL, MUTHALAKODAM P.O., THONDIPURA, VIA THODUPUZHA, IDUKKI DISTRICT. ADDL.RESPONDENT 6. SRI.M.M. ALIKUNJU, S/O.LATE MOHAMMED, MARAVETTIKKAL, MUTHALAKODAM P.O., THONDIPURA, VIA THODUPUZHA, IDUKKI DISTRICT. (IMPLEADED AS ADDL. 6TH RESPONDENT AS PER ORDER IN IA 1929/2009 DT.23.2.10) BY GOVT. PLEADER SMT.R.BINDU FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 14116/2006 APPENDIX PETITIONER'S EXTS. EXT.P1 - THE TRUE COPY OF THE RATION CARD ISSUED BY THE TALUK SUPPLY OFFICER. EXT.P2 - THE TRUE COPY OF THE BPL CERTIFICATE ISSUED BY THE SECRETARY, EDAVATTY GRAMA PANCHAYAT. EXT.P3 - THE TRUE COPY OF THE ORDER NO.CS.B2-788/01 DATED 7.2.2005 OF THE 2ND RESPONDENT. EXT.P4 - THE TRUE COPY OF THE INTERIM ORDER IN CMP NO.64011/01 IN OP NO.39077/2001 DATED 1.1.2002. EXT.P5 - THE TRUE COPY OF THE JUDGMENT IN OP NO.39077/2001 DATED 5.7.2004. EXT.P6 - THE TRUE COPY OF THE REQUEST SUBMITTED BEFORE THE 2ND RESPONDENT DATED 2.8.2005. RESPONDENTS' EXTS. NIL. /TRUE COPY/ K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ------------------------------ W.P.(C) No.14116/2006-E ------------------------------ Dated this, the 23rd day of February, 2010 JUDGMENT Balakrishnan Nair, J. The petitioner is a resident of Ward No.II of Edavatty Grama Panchayat in Thodupuzha Taluk.. He belongs to a family Below Poverty Line (BPL). He is having a ration card attached to ARD No.13 of Thodupuzha Taluk. Recently, ARD No.208 has been opened in Ward No.II of Edavatty Grama Panchayat, as per order dated 7.2.2005. It is very convenient for him to have his card attached to that shop. There were similarly placed persons also, who were desirous of transferring their ration cards from ARD No.13 to ARD No.208. So, the petitioner and others preferred Ext.P6 representation before the District Supply Officer for the said purpose. But, the said representation is not being considered, in view of Ext.P4 order passed by this Court in CMP No.64011/2001 in OP No.39077/2001, which says, no further cards shall be transferred from ARD No.13. In the light WPC No.14116/2006 - 2 - of the said interim order, the Original Petition itself was, later, disposed of, by Ext.P5 judgment dated 5.7.2004. In view of Exts.P4 and P5, Ext.P6 was not considered by the District Supply Officer. So, the Writ Petition was filed, seeking appropriate reliefs. The learned Judge, who heard the Writ Petition, felt that it is only appropriate that the matter is heard by a Division Bench. Thus, the Writ Petition was referred to the Division Bench. 2. We heard the learned counsel on both sides. We are of the view that Exts.P4 and P5 cannot affect the rights of third parties, like the petitioner herein and other signatories to Ext.P6, who were not parties to that Original Petition. It is so declared. The 2nd respondent is directed to consider and pass orders on Ext.P6 in accordance with law, after affording an opportunity of being heard to the petitioner herein, representing the claimants in Ext.P6 and also the licensee of ARD No.13 of Thodupuzha Taluk. This, the 2nd respondent shall do within one month from the date of receipt/production of a copy of this judgment. Needless to say, the 2nd respondent shall take a WPC No.14116/2006 - 3 - decision on Ext.P6, ignoring Exts.P4 and P5. The Writ Petition is disposed of as above. K. Balakrishnan Nair, Judge. P.N.Ravindran, Judge. nm.