IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 25580 of 2010(V) -------------------------- PETITIONER(S): --------------- T.A.JOSE AND COMPANY AWD NO.III AND IV, MUNDOOR AND KUTTANELLOOR, THRISSUR, REPRESENTED BY ITS MANAGING PARTNER E.O.LAWRENCE. BY ADV. SRI.K.I.MAYANKUTTY MATHER SRI.R.JAIKRISHNA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF FOOD AND CIVIL SUPPLIES SECRETARIAT, THIRUVANANTHAPURAM 2. COMMISSIONER CIVIL SUPPLIES, COMMISSIONERATE OF CIVIL SUPPLIES PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM . 3. DISTRICT COLLECTOR TRICHUR. 4. DISTRICT SUPPLY OFFICER TRICHUR. 5. KERALA STATE CIVIL SUPPLIES CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR GANDHI NAGAR, ERNAKULAM. *ADDL.R6 P.P.JOSE, AGED 61 YEARS, S/O.PHILIP, SECRETARY, THRISSUR, CHAVAKKAD, KODUNGALLUR TALUK RATION DEALERS CO-OPERATIVE SOCIETY LIMITED NO.R 1042, THRISSUR, RESIDING AT PANATTIL HOUSE, MARATHAKKARA, OLLUR, THRISSUR DISTRICT. *(IMPLEADED ADDITIONAL 6TH RESPONDENT AS PER ORDER DATED 03/09/2010 ON I.A.NO.11454/2010) WPC NO.25580/2010 **ADDL.R7 CONSUMER RIGHTS SOCIETY, KERALA, REPRESENTED BY ITS SECRETARY V.Y.SHAJAHAN, 4/129, ARAKULAM WEST, KODUNGALLOOR.P.O., THRISSUR DISTRICT - 680 664. **(IMPLEADED ADDITIONAL 7TH RESPONDENT AS PER ORDER DATED 03/09/2010 ON I.A.NO.11981/2010) ADV. SRI.T.RAMPRASAD UNNI SRI.K.G.RAJEESH SRI.PHILIP T.VARGHESE FOR ADDL.R SRI.THOMAS T.VARGHESE FOR ADDL.R MR.NARAYANAN, GOVERNMENT PLEADER MS.MOLLY JACOB, SC FOR KSCSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.25580 of 2010 (V) --------------------------------- Dated, this the 3rd day of September, 2010 J U D G M E N T Controversy in this writ petition is in relation to the appointment as AWD III at Mundoor in Thrissur District. It is seen that pursuant to the directions of this Court in Ext.P7 judgment dated 03/03/2009 in WP(C) No.30292/2007, by Ext.P9 order dated 03/08/2010 passed by the Commissioner of Civil Supplies, appointment of the petitioner was set aside. Against the said order, invoking the revisional power of the Government, the petitioner filed Ext.P10 revision before the 1st respondent, along with an application for stay as well. 2. Having regard to the pendency of the said revision, which is one filed under Clause 71 of the Rationing Order, 1966, it is only appropriate that the 1st respondent should hear and dispose of the said revision with notice to all parties. 3. Learned counsel for the petitioner submitted that presently, the Officer, who has passed Ext.P9 order is holding WP(C) No.25580/2010 -2- charge as Secretary to Government and therefore, the said Officer shall not hear the revision. However, learned Government Pleader pointed out that the said Officer is holding only additional charge. Since this is a matter to be taken note of by the 1st respondent, I take note of this contention and leave it to be taken note of by the 1st respondent. 4. Now that Ext.P10 revision filed by the petitioner is pending before the 1st respondent, the 1st respondent shall dispose of the revision in the manner as directed above as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment. All contentions on the merits including the locus standi of the additional respondents are left open to be agitated and adjudicated by the 1st respondent. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg