High Court Kerala High Court

K.S.Sukhalal vs The Commissioner Of Civil … on 13 May, 2010

Kerala High Court
K.S.Sukhalal vs The Commissioner Of Civil … on 13 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14877 of 2010(H)


1. K.S.SUKHALAL,A.R.D.NO.118,CHERTHALA,
                      ...  Petitioner
2. S.VINOD,A.R.D.NO.122,CHERTHALA,
3. D.AJITHA,A.R.D.NO.120,CHERTHALA,

                        Vs



1. THE COMMISSIONER OF CIVIL SUPPLIES,
                       ...       Respondent

2. THE DIRECTOR OF CIVIL SUPPLIES,

3. THE DEPUTY RATIONING CONTROLLER,

                For Petitioner  :SRI.K.JAJU BABU

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :13/05/2010

 O R D E R
                    P.R.RAMACHANDRA MENON, J.
                     =============================
                      W.P.(C).No.14877 of 2010
                     ===============================
                  Dated this the 13th day of May, 2010.

                              J U D G M E N T

Petitioners have approached this Court with the following

prayers:

i) To issue a writ of mandamus or other

appropriate writ, order or direction, directing the 2nd

respondent to dispose of Exts.P7 to P9 appeals

forthwith after hearing the petitioners.

ii) To direct the respondents to keep in

abeyance all further proceedings pursuant to Exts.P4 to

P6, till the disposal of Exts.P7 to P9.

2. Petitioners are running A.R.D Nos.118, 122 and 120

respectively in Cherthala. The third respondent issued Exts.P1 to

P3 notices alleging certain irregularities and finally ordered to

forfeit the security amount deposited by the petitioners; thus

directing to remit Rs.6,17,684/-, Rs.5,01,251/- and

Rs.1,49,878/- respectively.

3. Being aggrieved of the above orders, the petitioners

have already approached the Appellate Authority by filing Exts.P7

to P9 appeals as provided under the relevant provisions of law

W.P.(C).No.14877 of 2010

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(under Clause 45(10) of the Kerala Rationing Order, 1966). The

grievance of the petitioners is that, without any regard to the

pendency of the said proceedings, coercive steps are being taken

against the petitioners for enforcing Exts.P4 to P6.

4. Heard the learned Government Pleader for the

respondents.

5. Considering the facts and circumstances, the second

respondent is directed to consider and pass appropriate orders on

Exts.P7 to P9 appeals in accordance with law, of course, after

giving an opportunity to being heard to the petitioners, as

expeditiously as possible, at any rate within two months from the

date of receipt of a copy of this judgment. It is made clear that

till the proceedings are finalised as above, all further coercive

steps stated as being pursued against the petitioners shall be

kept in abeyance.

Writ petition is disposed of as above.

P.R.RAMACHANDRA MENON,
Judge.

W.P.(C).No.14877 of 2010

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bkn/-