IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 25329 of 2008(M) ------------------------------------- PETITIONER: -------------------- SAJITHA.K.A. W/O. ISMAIL P.K., KALLINGAPPARAMBIL HOUSE VADAKKETHARA, PAZHAYANNUR PANCHAYATH TALAPILLI TALUK THRISSUR DISTRICT BY ADV. SRI.T.S.RADHAKRISHNA PILLAI SRI.O.K.MURALEEDHARAN RESPONDENTS: ---------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF CIVIL SUPPLIES COMMISSIONERATE OF CIVIL SUPPLIES THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR THRISSUR 4. THE DISTRICT SUPPLY OFFICER, THRISSUR 5. THE TALUK SUPPLY OFFICER, THALAPPILLI. 6. V. IBRAHIMKUTTY, KUNDAMUKULAM HOUSE KALLEPPADOM.P.O. PAZHAYANNUR THALAPPILLI TALUK. BY GOVERNMENT PLEADER SRI. I.V. PREMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.25329 of 2008 ================== Dated this the 22nd day of August, 2008. J U D G M E N T The petitioner is an applicant for permanent appointment as an Authorised Retail Distributor in Pazhayannur Panchayat, Thalappilli Taluk. Initially he was selected and appointed pursuant to Ext.P1 notification. His appointment was set aside by Ext.P5 order of the District Collector, by which the District Collector directed the District Supply Officer to reconsider the matter. The petitioner filed a further appeal before the 2nd respondent Commissioner of Civil Supplies. By Ext.P6 order, the Commissioner of Civil Supplies concurred with the order of the District Collector and held that there are no circumstances warranting interference with the orders of the Collector. But the Commissioner read the order of the District Collector wrongly and directed to issue fresh notification and conduct selection instead of reconsideration by the original authority as directed by the District Collector. On these contentions, the petitioner would challenge Ext.P6 order. However, the petitioner has already filed Ext.P7 revision petition before the Government. The petitioner is now aggrieved by issue of a W.P(C)No.25329 of 2008 - 2 - notification inviting fresh applications as directed by the Commissioner of Civil Supplies. The petitioner submits that the same may be stayed pending disposal of Ext.P7 revision petition. 2. I have heard the learned Government Pleader also. 3. I am of opinion that, in the facts and circumstances of the case, the 1st respondent should consider and pass orders on Ext.P7 expeditiously. This the 1st respondent shall do within a period of three months from the date of receipt of a copy of this judgment. The 1st respondent shall also consider the prayer for stay made by the petitioner in respect of the notification now stated to have been issued inviting fresh applications pursuant to the Ext.P6 order. This the 1st respondent shall do within two weeks from the date of receipt of a copy of this judgment. 4. The petitioner shall forward a copy of this judgment along with a certified copy of the writ petition to 1st respondent for compliance. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs