IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WA.No. 2426 of 2009 ----------------------------------- AGAINST THE JUDGEMENT IN WPC.6449/2009 Dated 06/07/2009 .................... APPELLANTS/RESPONDENTS 3 TO 6 IN WPC --------------------------------------------------------------- 1. THE DIRECTOR OF CIVIL SUPPLIES OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. THE DISTRICT SUPPLY OFFICER, MALAPPURAM 4. THE GOVERNMENT OF KERALA, FOOD & SUPPLIES OF CONSUMER AFFAIRS DEPARTMENT, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.SANTESH RAJA RESPONDENTS/PETITIONERS & RESPONDENTS 1, 2 & 7 IN WPC ------------------------------------------------------------------------------------------ 1. THE MALAPPURAM DISTRICT RATION WHOLESALE DISTRIBUTORS FEDERATION, P.O.TIRUR, REPRESENTED BY GENERAL SECRETARY, P.K.ABDULKAREEM, S/O.SEETHI HAJI, AGED 45 YEARS, RESIDING AT 'GREANS' EDAVANNA - 676 541, MALAPPURAM DISTRICT. 2. P.K.ABDULKAREEM, MANAGING PARTNER, ERNAD WHOLESALERS, WANDOOR, MALAPPURAM DISTRICT. 3. ABDULLAKUTTY P., S/O.MUHAMMED@ KUNHANI, PERINTHALMANNA, P.O.CHEMANAYUR, MALAPPURAM DISTRICT. 4. THE SECRETARY, ANGADIPURAM SERVICE CO-OPERATIVE BANK, ANGADIPURAM, MALAPPURAM DISTRICT. 5. P.K.MOHAMMED ASHRAF, PK HOUSE, MAKARAPARAMBA, VE BANK, ANGADIPURAM, MALAPPURAM DISTRICT. W.A.NO.2426 OF 2009 - 2 - 6. THE SECRETARY, MANJERI PCC SOCIETY, CALICUT ROAD, MANJERI, MALAPPURAM DISTRICT. 7. K.P.MUHAMMED BASHEER, MANAGING PARTNER, KPM WHOLESALE AGENCIES MANJERI, MALAPPURAM DISTRICT. 8. P.M.KUNHALI, MANAGING PARTNER, MALABAR WHOLESALERS, MANJERI, MALAPPURAM DISTRICT. 9. THE SECRETARY, KONDOTTY PCC MARKETING SOCIETY, KONDOTTY, MALAPPURAM DISTRICT. 10. N.HYDERALI, EDAKKARA, MALAPPURAM DISTRICT. 11. ABOOBACKER, NILAMBUR, ABOOBACKER & CO, NILAMBUR, MALAPPURAM DISTRICT. 12. P.T.ASKAR ALI, MANAGING PARTNER (ATTACHED TO KOTTAKAL SERVICE CO-OPERATIVE BANK), THENHIPALAM, MALAPPURAM DISTRICT. 13. THE FOOD CORPORATION OF INDIA, BARAKAMBA LANE, HEAD QUARTERS, 16020, NEW DELHI - 1. 14. THE GENERAL MANAGER, FOOD CORPORATION OF INDIA, THIRUVANANTHAPURAM. 15. THE UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF AGRICULTURE AND CONSUMER AFFAIRS, FOOD & PUBLIC INSTRUCTIONS, KRISHI BHAVAN, NEW DELHI. R15 BY ASST. SOLICITOR GENERAL SRI.T.P.M.IBRAHIM KHAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A.No.2426 of 2009 ------------------------------------------ Dated this the 30th day of October, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the judgment of the learned Single Judge directing the appellants/Government to reimburse the transportation expenses suffered by the writ petitioners, the present writ appeal is filed. 2. The writ petitioners are Malappuram District Ration Wholesale Distributors Federation, Tirur and other individual wholesale distributors. On account of the closure of Angadipuram depot of the Food Corporation of India from where the individual petitioners were lifting the ration articles, they were forced to take ration articles from the other depots indicated by the Food Corporation of India and in this regard as they suffered additional expenses, they approached this Court seeking direction to the Government to reimburse the additional expenditure incurred by them for no fault of theirs and because of sudden closure of the W.A.No.2426 of 2009 - 2 - Angadipuram depot. 3. Before the learned Single Judge and even before this Court it is vehemently contended that there is no privity of contract directly between the Authorised Wholesale Distributors and the Government for supply or reimbursement and as such the finding of the learned Single Judge that it is the Government who has to compensate for the additional expenses is incorrect. 4. By looking into the agreement entered into between the Government and the Food Corporation of India and especially clause 8, it is clear that in the event of failure on the part of the Food Corporation of India to supply stock of rationed articles to the ration shop owners, it is the duty of the Civil Supplies Department (Government) to ensure prompt and timely supply to them and in such a situation it is made clear by the said clause that if any additional expenses are incurred by the Government the Food Corporation of India is liable to make the same good. Extending this agreement, the learned Single Judge has found that as the additional expenses have been incurred by the writ petitioners themselves W.A.No.2426 of 2009 - 3 - which normally as per the clause ought to have been incurred by the Government, it is the duty of the Government to compensate the petitioners of the additional expenditure and as such we find that there is no illegality in the impugned order passed by the learned Single Judge. 5. However, considering the apprehension of the Government Pleader whether it is open to the Government to recover the same from the Food Corporation of India as according to him the clause in the agreement is vague, we make it clear that after the payment by way of additional expenditure to the writ petitioners, it is always open to the Government to get the same reimbursed from the Food Corporation of India as per clause 8 of the agreement entered into between the Government and the Food Corporation of India. Government shall make payment to the writ petitioners within one month from the date of receipt of a copy of this judgment. W.A.No.2426 of 2009 - 4 - With this observation the writ appeal is disposed of. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns/vgs