IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2759 of 2010(T)
1. V.GOPALAKRISHNA PILLAI, AGED 65 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE DISTRICT SUPPLY OFFICER,
For Petitioner :SRI.R.RANJITH
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :08/02/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.2759/2010-T
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Dated this the 8th day of February, 2010
J U D G M E N T
The petitioner herein seeks for a direction to the
respondents to grant licence to the petitioner to run
ration shop at Njeckad. Respondent Nos.2 and 3 invited
applications for appointment of Authorised Retail
Distributor for rationed articles at a shop in Njeckad
Junction. Interview was conducted on 23/11/1994. The
petitioner and another person had participated in the said
interview. The other applicant, Shri V.Suresh, was found
ineligible as criminal cases were pending against him.
Since no action has been taken so far to make the
appointment, the petitioner had been filing representations
before various authorities and on failure to get any reply,
this writ petition has been filed.
2. The learned Government Pleader on instructions
submitted that the Government had taken a policy decision
as per Circular dated 15/05/1995 that pending a policy
formulation, all steps to appoint new ARDs will be kept in
abeyance. It was specified in the Circular that this will
apply only to new ARDs sanctioned and where the District
Supply Officers are yet to pass orders appointing
licencees. It is submitted that in the light of the above,
W.P.(C). No.2759/2010
-:2:-
the notification herein was cancelled. On instructions
from the District Supply Officer, Thiruvananthapuram, the
learned Government Pleader submitted that in the light of
the above, the proposed appointment of ARD 392/Chirayinkil
Taluk was dropped during May, 1995 itself. Since no action
is pending now for opening of a new ARD at Njeckad in
Chirayinkil Taluk, this Court will not be justified in
issuing directions based on an earlier notification.
Therefore, as and when a new policy decision is taken to
open ARD in the same locality or within the other parts of
the locality, the petitioner will be free to make an
application in response to notification if any issued.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
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