High Court Kerala High Court

V.Padmakumar vs Smt.N.Sreekala on 18 January, 2008

Kerala High Court
V.Padmakumar vs Smt.N.Sreekala on 18 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 2193 of 2008(J)


1. V.PADMAKUMAR,KATTAKKAL PUTHEN VEEDU
                      ...  Petitioner

                        Vs



1. SMT.N.SREEKALA
                       ...       Respondent

2. THE DISTRICT SUPPLY OFFICER

3. THE DISTRICT SUPPLY COLLECOTR

4. THE COMMISSIONER OF CIVIL SUPPLIES

5. STATE OF KERALA,REPRESENTED BY THE

                For Petitioner  :SRI.GOPAKUMAR R.THALIYAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :18/01/2008

 O R D E R
                       ANTONY DOMINIC, J.
                     ===============
                  W.P.(C) NO. 2193 OF 2008 J
               =====================

          Dated this the 18th day of January, 2008

                          J U D G M E N T

This writ petition concerns to the appointment of an ARD

notified by Ext.P1. Petitioner was one of the candidates who lost

in the selection process and Ext.P2 is the order that was issued

by the District Supply Officer where it has been found that the

petitioner is not a resident of the area notified. Appeal filed by

the petitioner before the District Collector was also unsuccessful.

However, in the revision that was filed, petitioner succeeded.

Dealing with the residence qualification of the petitioner,

Revisional authority held that the petitioner is entitled to benefit

of doubt. It is on that basis relief was granted.

2. However, the aggrieved persons carried the matter in

second revision before the Government and the Government in

Ext.P5 set aside Ext.P4 order of the First Revisional Authority. In

WPC 2193/08
:2 :

Ext.P5, Government have come to a finding that the petitioner is

not “normally a resident of the locality” notified in Ext.P1. It is

on that basis, appointment of the 1st respondent has been

upheld.

3. Counsel for the petitioner submits that he is a resident

of the area notified and therefore he is eligible to be appointed. I

am not in a position to accept his contention. In Ext.P2 order of

the District Supply Officer, it has been found that the petitioner is

not a resident of the area notified. This finding of the District

Supply Officer has been confirmed in appeal by the District

Collector in Ext.P3. However, concurrent findings thus arrived at,

was reversed by the First Revisional Authority only giving benefit

of doubt to the petitioner. In a matter like this, extension of the

theory of benefit of doubt sounds strange and is quite

uncommon. Be that as it may, it is seen from Ext.P5 order of the

Government, where the issue of residence of the petitioner has

been dealt with in the following terms:

The main issue to be settled and decided by the Govt.

is to ascertain unambiguously the residentiality of
Sri.Padmakumar. Accordingly, a detailed local enquiry
was conducted through the District Collector,
Thiruvananthapuram. As per the report received from
the District Collector, Thiruvananthapuram read as
eight paper above, it is revealed that Sri.Padmakumar

WPC 2193/08
:3 :

is not “normally a resident of the locality”, the prime
and foremost requirement stipulated in Kerala
Rationing Order. Hence Sri.Padmakumar loses an
important ground to back up his eligibility for being
appointed as licensee, and his application is liable to be
rejected.

Thus Government having conducted an independent enquiry

through the Collector and have acted upon a report to the effect

that petitioner was not a resident of the locality concerned.

There is nothing on record to indicate that the findings rendered

by the Supply Officer and confirmed by the District Collector and

again confirmed by the Government is perverse for any reason.

If that be so, the writ petition merits only to be dismissed

and I do so.

ANTONY DOMINIC, JUDGE.

Rp