IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15239 of 2008(S)
1. SRI.V.THANKACHAN MATHUNNI GEEVARGHESE,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. THE DISTRICT SUPPLY OFFICER,
3. THE TALUK SUPPLY OFFICER,
For Petitioner :SRI.K.A.SALIL NARAYANAN
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :23/05/2008
O R D E R
H.L.DATTU, C.J. & M.C. HARI RANI, J.
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W.P.(C) No.15239 of 2008-S
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Dated, this the 23rd day of May, 2008
JUDGMENT
H.L.Dattu, C.J.
The residents of a labour colony in Kailasapara is before
us in this Public Interest Litigation, inter alia seeking a direction to the
respondents to appoint an Authorised Retail Distributor at a place which is
nearer to their locality.
(2). Before approaching this Court, the petitioner has filed a
representation dated 10-5-2008. Even before the authorities could act upon
the representation so filed, the petitioner has rushed to this Court for the
aforesaid relief.
(3). In our opinion, the writ petition filed by the petitioner is
premature.
(4). In the instant case, the petitioner is requesting a writ in
the nature of mandamus to the respondents. For granting a prayer for
mandamus, there must be a demand for performing the act sought to be
enforced and a refusal to perform it or if there is inordinate delay in
considering the request. This principle has some exception in certain cases.
(5). In the instant case, as we have already noticed, the
representation filed by the petitioner is dated 10-5-2008. The authorities do
require some breathing time to consider the request made in the
representation. We cannot expect the authorities to act so swiftly and
WPC 15239/2008 -2-
answer the representation filed by the petitioner. In that view of the matter,
for the present, we decline to entertain this writ petition. Accordingly, the writ
petition is rejected. However, liberty is reserved to the petitioner to approach
this Court, if need arises in future.
Ordered accordingly.
(H.L.DATTU)
CHIEF JUSTICE
(M.C.HARI RANI)
JUDGE
MS/dk.