IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 33518 of 2009(H) ------------------------------------- PETITIONER: ------------------ C.V.SISUPALAN, S/O.VASU, AGED 65 YEARS, RESIDING AT CHAMAKKALA, KONGORPILLY P.O., N.PARUR. BY ADV. SRI.C.K.PAVITHRAN RESPONDENTS: ---------------------- 1. THE DISTRICT SUPPLY OFFICER, ERNAKULAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. THE TALUK SUPPLY OFFICER, NORTH PARUR. BY GOVERNMENT PLEADER SRI. K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33518 of 2009(H) APPENDIX EXT.P1 : TRUE COPY OF INSPECTION NOTES DATED 03.01.09. EXT.P2 : TRUE COPY OF INSPECTION NOTES SIGNEDBY TALUK SUPPLY OFFICER AND RATIONING OFFICER DATED 13.11.09. EXT.P3 : TRUE COPY OF THE PROCEEDINGS DATED 16.11.09 ISSUED BY 1ST RESPONDENT. EXT.P4 & P4(A) : TRUE COPY OF ABSTRACT DATED 31.10.09 ALONG WITH THE DETAILS OF KEROSENE PERMIT. /TRUE COPY/ PS TO JUDGE T.R.Ramachandran Nair, J. ------------------------------------------ W.P.(C) No.33518 of 2009 ------------------------------------------ Dated this the 11th day of March, 2010 JUDGMENT The petitioner is an authorised retail distributor running ARD No.168 in North Paravur Taluk. Petitioner has been running the said shop for the last thirty years. 2. A special squad constituted by the District Supply Officer led by the Taluk Supply Officer, Kunnathunad inspected the petitioner's ration shop on 13.11.2009 and verified the stock and records. The inspection note produced as Ext.P2 shows that there is variation in stock. 3. Petitioner is aggrieved by Ext.P3 whereby the authorization has been suspended temporarily. The charge mentioned in Ext.P3 is that it was found on inspection that the petitioner has kept in the shop 14 permits unauthorisedly. 4. Heard learned counsel for the petitioner and the W.P.(C) No.33518 of 2009 - 2 - learned Government Pleader appearing for the respondents. 5. The explanation offered by the petitioner is that these kerosene permits were valid permits newly issued to the card holders. These permits were brought to the ration shop for registration as per the kerosene policy adopted by the department and this fact is clearly known to the department officials also. It is therefore, submitted that there was no attempt to commit any misappropriation or misuse of the permits. Ext.P4(a) is the relevant pages of the kerosene permit register. 6. In the light of the stand taken by the petitioner, the District Supply Officer will consider the matter afresh after hearing the petitioner. Petitioner will produce all materials he is having before the District Supply Officer within a period of one week. The contention raised by the petitioner that these 14 permits are newly issued valid permits will also be examined W.P.(C) No.33518 of 2009 - 3 - verifying the details also. Appropriate orders will be passed within a further period of three weeks. Writ petition is disposed of accordingly. T.R.Ramachandran Nair, Judge vns