High Court Kerala High Court

A.H.Phiroskhan vs State Of Kerala on 10 December, 2008

Kerala High Court
A.H.Phiroskhan vs State Of Kerala on 10 December, 2008
       

  

  

 
 
  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.
           -----------------------------------------------
                 W.P.(C). No.8319 & 10169 OF 2008
           -----------------------------------------------

         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

W.P(C) NO.8319 & 10169/08
2

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
3

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

W.P(C) NO.8319 & 10169/08
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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/-