Kumari Selvan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Kumari Selvan ... Petitioner Vs.

1.The District Collector, Kanniyakumari District.

2.The District Revenue Officer, Nagercoil, Kanniyakumari District.

3.The District Supply and Consumer Production Officer (DSO), O/o.District Supply, and Consumer Production Officer, Kanniyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 2nd respondent to take necessary action to ensure the Kerosene supply at the end of the All Ration Shop within Kanniyakumari District, by implementing the proceedings of the 2nd respondent vide the ROC.F3/95/2024, dated 08.05.2024, within stipulated time may be fixed by this Court.

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For Petitioner : Mr.S.Ayyanar Prem Kumar For Respondents : Mr.G.Vairam Santhosh Additional Government Pleader

ORDER

Heard both sides.

2. The petitioner alleges that the employees of the fair price shops in Kanyakumari District are being pressurized to go to the dealers and take kerosene supply for eventual distribution. This in my view is clearly improper. The authorities have to supply kerosene to the ration shops on their own. The employees can only distribute the kerosene in the fair price shops to the card holders. Calling upon the employees to go to the dealer will lead to several undesirable consequences. The employees may also face the prospect of prosecution in future.

3. When the matter was taken up for hearing, the respondents filed counter affidavit stating that steps are being taken assuring that the responsibility of procurement of kerosene from kerosene dealers will not be imposed on the ration shop workers and necessary action will be taken on the officials who violates the instructions. It is further stated that the issue is being resolved at the district level itself.

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4. Recording the stand of the third respondent as set out in the counter affidavit, the Writ Petition is allowed. No costs. 02.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Kanniyakumari District.

2.The District Revenue Officer, Nagercoil, Kanniyakumari District.

3.The District Supply and Consumer Production Officer (DSO), O/o.District Supply, and Consumer Production Officer, Kanniyakumari District.

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G.R.SWAMINATHAN, J.

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