IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 15145 of 2010(P) ---------------------------------------- PETITIONER(S): ----------------------- P. RAJAN, S/O. MADHAVAN NAIR, PARAMBATH HOUSE, VENGALOOR.P.O, B.P. ANGADI (VIA), TIRUR -2, MALAPPURAM DISTRICT. BY ADV. SRI.BRIJESH MOHAN, SMT.RESMI G. NAIR. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPPLY OFFICER, MALAPPURAM. 3. THE TALUK SUPPLY OFFICER, TIRUR. 4. THE SECRETARY, M/S. TIRUR CO-OPERATIVE RURAL BANK, TIRUR, MALAPPURAM DISTRICT. R1 TO R3 BY GOVT. PLEADER MR.K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 15145/2010-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PAGE OF THE REGISTER SHOWING THE NAMES OF SALESMAN EMPLOYED IN THE AUTHORIZED RETAIL DEPOTS IN TIRUR TALUK. EXT.P2: COPY OF THE PROCEEDINGS OF THE DISTRICT SUPPLY OFFICER, MALAPPURAM DATED 05/09/2009. EXT.P3: COPY OF THE LICENCE ISSUED UNDER THE KERALA DEALERS LICENSING ORDER TO THE PETITIONER. EXT.P4: COPY OF THE LICENCE ISSUED BY THE LICENSING AUTHORITY UNDER THE KEROSENE CONTROL ORDER DATED 12/03/2010. EXT.P5: COPY OF THE LICENCE DATED 12/03/2010 ISSUED UNDER THE KERALA FOOD GRAINS DEALERS LICENSING ORDER, 1967. EXT.P6: COPY OF THE GO.(RT)NO.40/02/F&CSD DATED 23/01/2002 ISSUED BY THE GOVERNMENT. EXT.P7: COPY OF THE ORDER NO.CS.5.2945/03 DATED 11/06/2004 ISSUED BY 3RD RESPONDENT. EXT.P8: COPY OF THE DECISION DATED 25/04/2008 OF THE MANAGING COMMITTEE OF THE 4TH RESPONDENT. EXT.P9: COPY OF THE ORDER NO.C.S.10/2191/08 DATED 13/02/2009 ISSUED BY THE 2ND RESPONDENT. EXT.P10: COPY OF THE ORDER NO.CS.5-1255/08 DATED 03/03/2009 ISSUED BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15145/2010-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of June, 2010 J U D G M E N T The petitioner is a provisional licensee of ARD No.247 under the third respondent. He was formerly the salesman and manager in the very same shop which was being conducted by the fourth respondent. The shop was being run from 19/06/1993 onwards. Licence was issued to the petitioner, to conduct the ration depot, as per Ext.P2 proceedings dated 05/09/2009. Exts.P3 to P5 are the licences issued to the petitioner under the Kerala Sugar Dealers Licensing Order, 1967, Kerala Kerosene Control Order, 1968 and, the Kerala Food Grains Dealers Licensing Order, 1967. 2. The petitioner has got a case that his name has been recommended for appointment as Licensee in the light of the fact that the Society submitted an application to the Government to surrender 49 ration shops which the Government accepted as per Ext.P6 order dated 23/01/2002. The Government also ordered that the licences can be issued to the salesman in terms of the provisions of the Kerala Rationing Order, if they are qualified. Accordingly, the fourth respondent submitted a representation before the second and third respondents requesting to transfer the licence of ARD No.247 in the name of the petitioner and a W.P.(C). No.15145/2010 -:2:- copy of the decision of the Managing Committee has been produced as Ext.P8. The authorities concerned have forwarded their report in the matter and, finally, the petitioner has been appointed as a temporary licensee as per Ext.P9. 3. The learned counsel for the petitioner submits that a decision in regard to the appointment of permanent licensee has to be taken by the Government itself. It is prayed that the Government may be directed to take the decision on various aspects, based on the recommendations made by the authorities concerned. 4. Therefore, the petitioner can file appropriate representation before the Government in the matter and, he will have to produce the various communications which have been produced along with I.A.No.7222/2010 here. If a representation is filed before the Government within one month along with a copy of this Judgment, the same will be considered and appropriate orders will be passed within three months. Till orders are passed, the present arrangement will continue. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms