IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 2845 of 2010(E) ------------------------- PETITIONER(S): --------------- P.MALUKUTTY AMMA W/O. SANKARAN NAIR, AGED 79 YEARS, PONATTIL HOUSE, MAKKADA P.O., KAKKODI, KOZHIKODE DISTRICT. BY ADV. SRI.C.K.PAVITHRAN RESPONDENT(S): --------------- 1. THE DISTRICT SUPPLY OFFICER, KOZHIKODE. 2. THE TALUK SUPPLY OFFICER, KOZHIKODE. GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2845/2010-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of January, 2010 J U D G M E N T Petitioner's husband was a licencee of A.R.D-58 in Kozhikode Taluk. He expired on 30/08/2008. Initially, the petitioner was appointed provisionally as a licencee, which was terminated on 02/11/2009 in the light of the interim order passed in the W.A.No.1217/2009. It is submitted that the Writ Appeal has been finally disposed of by Judgment dated 22/12/2009 and there is no embargo in considering Ext.P1 application of the petitioner for permanent appointment as Authorised Retail Distributor. The petitioner is relying upon the Judgment in W.P.(C). No.120/2010. It is pointed out that the petitioner is seeking appointment in the light of the fact that the petitioner is the legal heir of the original licencee. 2. The learned Government Pleader submitted that the matter is now covered by the directions of a Division Bench of this Court in Judgment in W.P.(C).No.35583/2009 dated 11/12/2009 wherein, it was held as follows:- “2. ......................Therefore any priority contemplated in Clause 45(2) of the Kerala Rationing Order, 1996 is only subject to the operation of the reservation under W.P.(C). No.2845/2010 -:2:- Clause 45(2)(i). Only after ensuring reservation provided in the said quota, any appointment of ration distributor can be made. 3. ................We make it clear that there should not be any regular appointment of retail distributor without fulfilling the quota in terms of the reservation as prescribed under clause 45(2) (a)(i).” 3. Therefore, any action can be taken only in terms of the directions issued by Division Bench. There will be a direction to the first respondent to finalise the proceedings in the light of the findings rendered by the Division Bench within a period of three months from the date of receipt of a copy of this Judgment. If the petitioner moves for any temporary appointment, the said application will also be considered within two weeks from the date of receipt of the same. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms