Jagadeesh Chandra v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE SATURDAY, THE 21ST DAY OF NOVEMBER 2015/30TH KARTHIKA, 1937 WA.No. 133 of 2015 IN WP(C).26063/2013 ------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 26063/2013 of HIGH COURT OF KERALA DATED 18-02-2014 APPELLANT(S):

------------- JAGADEESH CHANDRA, AGED 24 YEARS, S/O.K.C.CHANDRA BABU, KARUNALAYAM, POOVAKKATU MUTTATHUKONAM P.O, ILLAVINTHITTA PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.T.K.BIJU (MANJINIKARA) SMT.ANNIE M.ABRAHAM RESPONDENT(S):

--------------

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT FOOD AND CIVIL SUPPLIES DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

2. THE DISTRICT SUPPLY OFFICER DISTRICT SUPPLY OFFICE, COLLECTORATE BUILDING PATHANAMTHITTA DISTRICT 689 696.

3. THE TALUK SUPPLY OFFICER KOZHENCHERRY TALUK, OPPOSITE COLLECTORATE PATHANAMTHITTA DISTRICT 689 645.

* [4. T.K.LEELAMMA (DIED) PRABHA SADANAM, MUTTATHUKONAM P.O, ILLAVINTHITTA PATHANAMTHITTA, 689 625, FROM POOVAKKATTU HOUSE MUTTATHUKONAM P.O, ILLAVINTHITTA PATHANAMTHITTA.(R4 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 30.10.2015 IN WA 133/2015)] (DELETED).

5. LAILA JAYAPRAKASH PRABHA SADANAM, MUTTATHUKONAM P.O, ILLAVINTHITTA PATHANAMTHITTA 689 625, FROM POOVAKKATTU HOUSE MUTTATHUKONAM P.O, ILLAVINTHITTA, PATHANAMTHITTA.

6. VISWESWARA PANICKER POOVAKKATTU HOUSE, MUTTATHUKONAM P.O, ILLAVINTHITTA PATHANAMTHITTA 689 625.

R5&6 BY ADV. SRI.K.R.SUNIL BY Sr.GOVERNMENT PLEADER SRI.P.I.DAVIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA.No. 133 of 2015 IN WP(C).26063/2013 APPENDIX APPELLANT'S EXHIBITS :

ANNEXURE A1 : TRUE COPY OF THE JUDGMENT DATED 18.2.2014 IN WP(C) NO.26063/13-G ON THE FILE OF THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT.

RESPONDENTS' EXHIBITS :

NIL //TRUE COPY// P.A.TO JUDGE ami/

ASHOK BHUSHAN, C.J. & A.M.SHAFFIQUE, J.

------------------------------------- ---------------------------------- Dated this the 21st day of November, 2015.

J U D G M E N T

ASHOK BHUSHAN, C.J.

Heard the learned counsel for the appellant and the learned Senior Government Pleader in the matter.

2. This writ appeal has been filed challenging the judgment dated 18.2.2014 in W.P.(C)No.26063/13, which was filed by the appellant praying for setting aside Ext.P4 order, by which the District Supply Officer directed that on the basis of nomination by the 4th respondent, the rationing licence was given to the 5th respondent. The petitioner's case is that he was entitled for the licence and the 4th respondent was ailing and not competent to nominate the 5th respondent as licensee. The learned Single Judge dismissed the writ petition recording the finding that since the impugned order discloses that the 4th respondent has given consent to the appointment of 5th respondent and there is

nothing to substantiate the claim of the petitioner that she was not in sound disposing state of mind and hence, there is no ground to interfere with the impugned order.

3. We have considered the submissions and perused the records. In the order passed by the District Supply Officer, it is noted that apart from the consent letter given by the 4th respondent, she has also deposed before the Rationing Inspector that she has consented to appoint the 5th respondent, which fact is recorded in the order. The authorities, who have to make appointment of licensee, will have to look into the facts and take a decision on appreciation of facts and circumstances. The District Supply Officer was satisfied that the 4th respondent has nominated the 5th respondent and having granted licence in favour of the 5th respondent, we are of the view that, the learned Single Judge did not commit any error in refusing to interfere with the order passed by the District Supply Officer. No good ground is raised in this writ appeal to

interfere with the judgment of the learned Single Judge. Hence, this writ appeal is dismissed.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- A.M.SHAFFIQUE, JUDGE.

ami/ //True copy// P.A. to Judge