IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 4518 of 2010(L) ------------------------- PETITIONER(S): --------------- P.K.LAKSHMI, W/O. LATE P.K.GOPALAN, AGED 69 YEARS, CHAPPAN PILAVULLAKANDY HOUSE, THIKKODY P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.C.K.PAVITHRAN RESPONDENT(S): --------------- 1. THE DISTRICT SUPPLY OFFICER, KOZHIKODE. 2. THE TALUK SUPPLY OFFICER, KOYILANDY TALUK, KOZHIKODE. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4518/2010-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of February, 2010 J U D G M E N T The petitioner is the widow of late Shri P.K.Gopalan who was a licencee of ARD No.49 in Koyilandy Taluk. He expired on 15/03/2009. The authorisation to conduct retail distribution was cancelled later. The petitioner applied for provisional appointment which was allowed by the second respondent as per Ext.P1 and she is continuing even now as a provisional licencee. Ext.P2 is the application for appointment on a permanent basis under clause 45(2) of the Kerala Rationing Order. It is the case of the petitioner that in the light of the decision of a Division Bench Judgment of this Court in W.A.No.1217/2009, her application can be considered and there is no embargo in considering the application for permanent appointment but, the respondents are not taking action in the matter. 2. A Division Bench of this Court has held in W.P. (C).No.35583/2009 that any priority contemplated in Clause 45(2) is only subject to the operation of the reservation under Clause 45(2)(a)(i). Only after ensuring reservation provided in the said quota, any appointment of ration distributor can be made. W.P.(C). No.4518/2010 -:2:- 3. In that view of the matter, the said aspect will have to be complied by the said respondent and only after completion of such formalities, the application for permanent appointment as a legal heir can be considered. Therefore, the present arrangement, namely, provisional appointment of the petitioner will continue till regular appointments are made in terms of the relevant provisions. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms