IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 WP(C).No. 23377 of 2010(S) -------------------------- PETITIONER: --------------- PEOPLE'S UNION FOR CIVIL LIBERTIES (PUCL), KOTTAYAM DIST. COMMITTEE, COURT JUNCTION, PONKUNNAM P.O., KOTTAYAM, REP.BY IT'S GENERAL SECRETARY, H.ABDUL ASSIS, S/O. HASSAN RAWTHER, PANACHAIL HOUSE, MANGALOOR P.O., ERUMELY. BY ADV. MR. BABU CHERUKARA MS. ROSAMMA MATHEW MR. ANZAR BASHEER MR. R.THULASEEDHARAN PILLAI MR. PRATHEUSH.M.ANAND RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT SUPPLY OFFICER, DISTRICT SUPPLY OFFICE, KOTTAYAM. 3. TALUK SUPPLY OFFICER, TALUK SUPPLY OFFICE, KANJIRAPPALLY. BY SENIOR GOVERNMENT PLEADER MR. M.R. SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 23377 OF 2010 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE PHOTOSTAT COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER SOCIETY DATED 13.11.2002 EXT. P1 (a) : TRUE TYPED COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P1 EXT. P2 : TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 23.06.2010 BY PETITIONER. EXT. P2 (a) : TRUE TYPED COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P2 EXT. P3 : TRUE PHOTOSTAT COPY REPLY DATED 30.06.2010 GIVEN BY THE 2ND RESPONDENT. EXT. P3 (a) : TRUE TYPED COPY OF ENGLISH TRANSLATION OF EXHIBIT P3. /True copy/ P.A. to Judge J. CHELAMESWAR, C.J. & P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 23377 OF 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 4th day of January, 2011 JUDGMENT J. Chelameswar, C.J. This Writ Petition is filed with the prayers as follows : (a) issue a writ of mandamus or any other writ or order directing the respondents to re-establish and function the ration depot 49 forthwith. (b) issue any other orders as this Honourable Court deems fit and proper in the facts and circumstances of the case and those are prayed for during the pendency of the W.P.(C). (c) order the entire cost of the petition. 2. The grievance of the petitioner is that, a ration shop located in the Managaloor in Kanjirappally Taluk has not been functioning for the last about 20 years. The ration shop is established for the purpose of distributing the essential commodities under the relevant provisions of the Essential Commodities Act, 1955. Therefore, the Writ Petitioner complains that the people of the locality suffer serious hardships by virtue of non- availability of the essential commodities within a reasonable distance from their residence. 3. When the matter is taken up today, the learned Senior Government Pleader Sri. M.R. Sabu, submits that, because of pendency of W.P. (C) No. 23377 of 2010 2 the various Writ Petitions, appropriate arrangements could not be made with reference to the abovementioned ration shop, though the distribution of essential commodities, which was being done through the said ration shop, is entrusted to the ration shop functioning in the adjacent block. The learned Government Pleader also states that, in view of the recent amendment to the Kerala Rationing Order, 1966 and consequential disposal of batch of Writ Petitions, the State may now make necessary arrangements to bring the abovementioned ration shop into action. In the circumstances, we deem it appropriate to dispose of the Writ Petition with a direction to the respondents to make appropriate arrangements for functioning of the ration shop ARD No. 49 in the Managaloor area within a period of one month from the date of receipt of a copy of this judgment. J. CHELAMESWAR, CHIEF JUSTICE P. R. RAMACHANDRA MENON, JUDGE kmd