IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8319 of 2008(M)
1. A.H.PHIROSKHAN, S/O. HAMEED,
... Petitioner
2. DISTRICT COLLECTOR,
3. COMMISSIONER OF CIVIL SUPPLIES,
4. A.H. JABBAR, ANTHINATTU HOUSE,
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.T.KRISHNANUNNI(SR)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :10/12/2008
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C). No.8319 & 10169 OF 2008
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Dated this the 10th day of December, 2008
JUDGMENT
Common questions arise in these Writ Petitions. They
were therefore heard together and are being disposed of by this
common judgment. For the sake of convenience, the parties are
referred to as they are arrayed in W.P(C)No.10169 of 2008.
2. The petitioners and the fourth respondent are partners
of a firm “M/s.Sarammal Hameed and Sons”. The firm is the
license of AWD No.6 of Thodupuzha Taluk. Disputes arose
between the petitioners and the fourth respondent as regards the
right to run AWD No.6. By Ext.P18 order passed on 13.2.2008
the Government over ruled the District Collector and
Commissioner of Civil Supplies and cancelled the authorization
issued to the firm to run AWD No.6. According to the petitioners,
the Government have without issuing notice to them under the
proviso to Clause 71 of the Kerala Rationing Order, 1966
cancelled the license.
3. A reading of Ext.P4 indicates that, on the revision
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petition filed by the petitioners the license was cancelled in WP(C)
No.10169 of 2008. This action of the Government clearly
offends the first proviso to Clause 71 of the Kerala Rationing
Order 1966. Pursuant to the direction issued by the Government
in Ext.P18, the District Collector, Idukki has issued Ext.P19
notification dated. 24.09.2008 inviting applications from eligible
persons for appointment as AWD No.6 in Thodupuzha Taluk. The
additional fifth respondent in these Writ Petitions is one among
the applicants who has applied pursuant to Ext.P19 notification.
While impleading the additional fifth respondent, I had observed
that his right would depend on the outcome of these Writ
Petitioners.
4. It is not in dispute that before the Government
decided to cancel the authorisation issued to the firm to run AWD
No.6 the petitioners in these Writ Petitions were not put on notice
or heard. Though Clause 71 of the Kerala Rationing Order
empowers to cancel the licence, Government could have
cancelled the licence only after giving notice to the petitioners of
their intention to do so and after affording them a reasonable
W.P(C) NO.8319 & 10169/08
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opportunity to object to the proposed action. In the instant case,
it was without following the procedure prescribed in the first
proviso to Clause 71 of the Kerala Rationing Order 1966 that the
order impugned in these Writ Petitions was passed.
In that view of the matter I allow these Writ Petitions and
quash Ext.P4 in W.P(C) No. 8319 of 2008 which is produced
Ext.P18 in W.P(C) 10169 of 2008, and direct the Government to
consider the revision petition (Ext.P14 in W.P(C) No.10169 of
2008) and pass revised orders thereon after affording the parties
to these Writ Petitions except the fifth respondent, an opportunity
of being heard. Further proceedings pursuant to Ext.P19
notification produced in W.P(C) No.10169 of 2008 shall be taken
only if the Government decide to cancel the licence issued to the
firm to run AWD No.6 of Todupuzha Taluk. Final orders on
Ext.P14 revision Petition produced in W.P(C)No.10169 of 2008
shall be passed within 2 months from the date of receipt of a
copy of this judgment. The contentions of the petitioners in both
these Writ Petitions are kept open. The District Collector shall
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await further orders of the Government and shall proceed with
Ext.P19 notification only if the Government decides to cancel the
licence issued to the firm to run the AWD No.6 of Thodupuzha
Taluk.
P.N.RAVINDRAN, JUDGE.
sks/-