IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WP(C).No. 2759 of 2010(T) ------------------------- PETITIONER(S): --------------- V.GOPALAKRISHNA PILLAI, AGED 65 YEARS, S/O.LATE VELAYUDHAN PILLAI, NEDIYAVILA VEEDU, VADASSERIKKONAM.P.O, VARKALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.R.RANJITH SRI.M.T.SURESHKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, CIVIL SUPPLIES DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE DISTRICT SUPPLY OFFICER, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2759/2010-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of February, 2010 J U D G M E N T The petitioner herein seeks for a direction to the respondents to grant licence to the petitioner to run ration shop at Njeckad. Respondent Nos.2 and 3 invited applications for appointment of Authorised Retail Distributor for rationed articles at a shop in Njeckad Junction. Interview was conducted on 23/11/1994. The petitioner and another person had participated in the said interview. The other applicant, Shri V.Suresh, was found ineligible as criminal cases were pending against him. Since no action has been taken so far to make the appointment, the petitioner had been filing representations before various authorities and on failure to get any reply, this writ petition has been filed. 2. The learned Government Pleader on instructions submitted that the Government had taken a policy decision as per Circular dated 15/05/1995 that pending a policy formulation, all steps to appoint new ARDs will be kept in abeyance. It was specified in the Circular that this will apply only to new ARDs sanctioned and where the District Supply Officers are yet to pass orders appointing licencees. It is submitted that in the light of the above, W.P.(C). No.2759/2010 -:2:- the notification herein was cancelled. On instructions from the District Supply Officer, Thiruvananthapuram, the learned Government Pleader submitted that in the light of the above, the proposed appointment of ARD 392/Chirayinkil Taluk was dropped during May, 1995 itself. Since no action is pending now for opening of a new ARD at Njeckad in Chirayinkil Taluk, this Court will not be justified in issuing directions based on an earlier notification. Therefore, as and when a new policy decision is taken to open ARD in the same locality or within the other parts of the locality, the petitioner will be free to make an application in response to notification if any issued. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms