IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 5462 of 2010(G) ------------------------- PETITIONER(S): --------------- VISWAMBHARAN UNNITHAN, S/O.MADHAVAN UNNITHAN, THULASIVILAKOM, KARUVATTA, ADOOR. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): --------------- 1. DISTRICT SUPPLY OFFICER, DISTRICT SUPPLY OFFICE, PATHANAMTHITTA. 2. TALUK SUPPLY OFFICER, TALUK SUPPLY OFFICE, ADOOR. GOVERNMENT PLEADER, SHRI P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.5462/2010-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of February, 2010 J U D G M E N T The petitioner is the son of Smt.Thulasibai Kunjamma who was the licencee of ARD No.31 situated in Adoor Municipality. She expired recently. She had nominated the petitioner as her nominee to run the shop in view of advanced stage of age and illness. The petitioner had filed an application for the transfer of licence in his name. Even though the petitioner was expecting the order, he was given only a reply stating that the application has not been finally disposed of and a true copy of the same is produced as Ext.P3. The petitioner seeks for a direction to the respondents to dispose of the application for permanent appointment. 2. The issue is now covered by the decision of this Court in W.P.(C).No.35583/2009. It was held therein in paragraph (3) 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. But, the same will not prevent the petitioner from continuing on temporary arrangement as a nominee and the Judgment in W.A.No.1217/2009 does not W.P.(C). No.5462/2010 -:2:- prohibit any temporary appointment. Only after complying with Clause 45(2)(a)(i) of the Kerala Rationing Order alone any permanent appointments can be made. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms