IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WA.No. 358 of 2009 --------------------------------- AGAINST THE JUDGEMENT IN WPC.28288/2008 Dated 10/02/2009 .................... APPELLANT/PETITIONER ----------------------------------- E.L.JOSEPH, S/O.LENIF, ELENJIKKAL HOUSE, CHAPPARA DESOM, PULLOOT, KODUNGALLOOR,THRISSUR. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.V.B.HARI NARAYANAN RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. DISTRICT SUPPLY OFFICER,THRISSUR. 4. P.K.MUKUNDAN, S/O.KUNJAN, PANIKKAVEETTIL HOUSE, CHENDRAPINNI VILLAGE, KODUNGALLOOR TALUK, THRISSUR. 5. JOHN.P.J, PELLISSERY HOUSE,ARAKULAM WEST KODUNGALLOOR.P.O, TRCHUR DISTRICT. ADDL. 6. JOSHI.K.R., KALAPURAKKAL HOUSE, LOKAMALESWARAM, KODUNGALLOOR, THRISSUR. (ADDL.6TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 30.3.2009 IN I.A.NO.141 OF 2009) R1 TO R3 BY SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENERAL & SR.GOVERNMENT PLEADER SRI.M.R.BABU R4 BY ADV. SRI.T.GOPALAKRISHNAN R5 BY ADV.SRI.PHILIP T.VARGHESE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.A.No. 358 of 2008 ------------------------------------------ Dated, this the 30th day of March, 2009 JUDGMENT Kurian Joseph, J. Appellant is the writ petitioner. The issue raised in the writ petition pertains to the licence for starting an authorized wholesale depot at Mathilakam, Kodungalloor. One of the main contentions in the writ petition was that the writ petitioner did not get an opportunity to make a proper application. The writ petition was dismissed. 2. When the writ appeal came up before us, we found that Ext.P4 representation was pending before the District Collector and hence by an interim order dated 24.2.2009 we directed the District Collector to dispose of Ext.P4 with notice to the appellant and other affected parties. The same has been disposed of as per W.A. No. 358 of 2009 - 2 - order dated 4.3.2009, a copy of which is produced along with the memo filed by the Government Pleader. 3. The learned counsel appearing for the appellant submits that the said order is appealable before the Commissioner of Civil Supplies and that the appellant has pursued his appellate remedy before the Commission of Civil Supplies. In that view of the matter, we do not think that we should go into the merits of the writ appeal at this stage. 4. Therefore, the writ appeal is disposed of directing the Commissioner of Civil Supplies to dispose of the appeal filed by the appellant against the order dated 4.3.2009 within a period of one month from the date of production of a copy of this judgment with notice to the appellant and other affected party respondents. We make it clear that we have not gone into the merits of the case and it will be open to the Commissioner of Civil Supplies to decide the issue on merits. W.A. No. 358 of 2009 - 3 - The appellant will produce a copy of the judgment along with a copy of the appeal memorandum before the Commissioner of Civil Supplies immediately. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns