The Malappuram District v. The Food Corporation Of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 7TH DAY OF OCTOBER 2015/15TH ASWINA, 1937 ---------------------------- PETITIONER(S):

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1. THE MALAPPURAM DISTRICT RATION WHOLESALE DISTRIBUTERS FEDERATION, P.O.TIRUR MALAPPURAM DIST REPRESENTED BY ITS SECRETARY P.K.ABDUL KAREEM S/O.P.SEETHI HAJI, GREENDS, ERANJIKODE PO EDAVANNA, MALAPPURAM D.T. 676 541.

2. P.K.ABDUL KAREEM, MANAGING PARTNER ERNAD WHOLESALERS (AWD NO.9), WANDOOR MALAPPURAM DIST.

3. P.ABDULLAKUTTY (AWD NO.6) GOVERNMENT AUTHORISED WHOLESALE DISTRIBUTERS UCHARAKADAVU, MELATTUR, MALAPPURAM DT.

4. THE ANGADIPPURAM SERVICE CO-OPERATIVE BANK LTD NO. P- 581 REPRESENTED BY ITS SECRETARY, ANGADIPPURAM PO MALAPPURAM 679 321.

5. P.K.MOHAMMED ASHARAF (AWD NO.5) AUTHORIZED WHOLESALE DISTRIBUTOR, MAKKARAPARAMBA MALAPPURAM DIST.

6. THE MANJERI P.C.C. MARKETING SOCIETY LTD NO. F 1187 REPRESENTED BY ITS SECRETARY, MANJERI MALAPPURAM DIST. 676 121.

7. K.P.MUHAMMED BASHEER MANAGING PARTNER P.K.M.WHOLESALE AGENCIES (AWD NO.3), MANJERI MALAPPURAM DIST.

CONTD .. 2 ..

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8. K.P.LALU ISHIHARA MANAGING PARTNER, MALABAR WHOLESALERS (AWD NO.2) MANJERI, MALAPPURAM DIST.

9. N.HYDERALI (AWD NO.8) AUTHORIZED WHOLESALE DISTRIBUTOR, EDAKKARA MALAPPURAM DISTRICT.

10. A.SAFIYA MANAGING PARTNER, ABOOBACKER & CO, (AWD NO.7) NILAMBUR, MALAPPPURAM DIST.

11. K.P.SAKEENA, MANAGING PARTNER K.P.M.AGENCIES GOVERNMENT AUTHORIZED WHOLESALE DISTRIBUTERS HOSPITAL ROAD, PERINTHALMANNA, MALAPPURAM 679 322.

12. K.P.MOHAMMEDALI HAJI GOVERNMENT RECOGNIZED RATION WHOLESALE DISTRIBUTER DOWN HILL, MALAPPURAM 676 519 BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH RESPONDENT(S):

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1. THE FOOD CORPORATION OF INDIA REPRESENTED BY ITS MANAGING DIRECTOR HEAD QUARTERS 16-20, BARAKHAMBA LANE NEW -DELHI 110001

2. THE GENERAL MANAGER - KERALA FOOD CORPORATION OF INDIA , REGIONAL OFFICE KESAVADASAPURAM, PATTOM PALACE PO, THIRUVANANTHAPURAM- 6950004.

3. THE COMMISSIONER OF CIVIL SUPPLIES COMMISSIONERATE OF CIVIL SUPPLIES, VIKAS BHAVAN PO TRIVANDRUM 695 033.

4. THE DISTRICT COLLECTOR, MALAPPURAM COLLECTORATE, CIVIL STATION, UP - HILL MALAPPURAM 676 505.

CONTD .. 3 ..

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5. THE DISTRICT SUPPLY OFFICER MALAPPURAM, DISTRICT SUPPLY OFFICE, CIVIL STATION UP - HILL, MALAPPURAM 676 505.

6. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001.

7. THE GOVERNMENT OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT MINISTRY OF AGRICULTURE AND CONSUMER AFFAIRS KRISHIM BHAVAN, NEW DELHI 110001.

R BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R BY GOVERNMENT PLEADER SMT. A. LOWSY R BY SMT.MOLLY JACOB,SC,SUPPLYCO R BY SRI.VARGHESE M.EASO, SC, FOOD CORPORATION OF INDIA R BY SRI. TULASI PANICKER, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN ONE OF THE MEMBER OF THE 1ST PETITONER ASSOCIATION EXT.P2TRUE COPY OF THE REQUEST MADE BY THE 2ND PETITONER EXT.P3TRUE COPY OF THE REQUEST MADE BY THE 3RD PETITONER EXT.P4TRUE COPY OF THE REQUEST MADE BY THE 3RD PETITONER EXT.P5TRUE COPY OF THE REQUEST MADE BY THE 4TH PETITIONER EXT.P6TRUE COPY OF THE REQUEST MADE BY THE 4TH PETITONER EXT.P7TRUE COPY OF THE REQUEST MADE BY THE 5TH PETITIONER EXT.P8TRUE COPY OF THE REQUEST MADE BY THE 6TH PETITIONER EXT.P9TRUE COPY OF THE REQUEST MADE BY THE 6TH PETITIONER EXT.P10TRUE COPY OF THE REQUEST MADE BY THE 7TH PETITIONER EXT.P11TRUE COPY OF THE REQUEST MADE BY THE 7THE PETITIONER EXT.

P12TRUE COPY OF THE REQUEST MADE BY THE 8TH PETITONER EXT.P13TRUE COPY OF THE REQUEST MADE BY THE 8TH PETITIONER EXT.P14TRUE COPY OF THE REQUEST MADE BY THE 9TH PETITONER EXT.P15TRUE COPY OF THE REQUEST MADE BY THE 10TH PETITONER EXT.P16TRUE COPY OF THE REQUEST MADE BY THE 11TH PETITIONER EXT.P17TRUE COPY OF THE REQUEST MADE BY THE 12THE PETITIONER RESPONDENT(S)' EXHIBITS // TRUE COPY // P.

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.30381 of 2015 - L ====================== Dated this the 7th day of October, 2015

J U D G M E N T

The petitioners are aggrieved with the fact that on the closure of the Food Corporation of India godown at Angadippuram, the petitioners were obliged to take the materials for distribution, under the Public Distribution System, from the godowns at Calicut and Palakkad. The petitioners have filed representations for reimbursing the additional transportation charges from the said godowns. A series of representations have been filed indicated at Exts.P2 to P17 by the various petitioners herein, who are Authorised Wholesale Distributors (AWDs).

2. The learned Standing Counsel for the FCI contends that essentially the dispute raised is a question of fact, as to the materials transported, the distance, quality other aspects would have to be looked into on the reference to the terms of the contract; which would have to be considered first by the authority.

W.P.(C) No.30381 of 2015 - L 2

3. The petitioners in fact take the goods, from the godown of the FCI as AWDs appointed by the State. In such circumstance, it is only proper that the representations filed before the 3rd respondent be taken up and notice issued to the 2nd respondent as also the petitioners before a hearing is conducted. The 3rd respondent shall consider the issue and pass orders after affording an opportunity of hearing to the petitioners, within three months from the date of hearing. The 2nd respondent would be entitled to take up all contentions before the 3rd respondent and this judgment need not be taken as one conferring authority on the 3rd respondent, if it is clearly lacking.

The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB/07/10/2015 // true copy // P.A to Judge.