Illias. K.I. vs Secretary, Food and Civil Supplies and Others

Antony Dominic, J.—Petitioner in W.P(C) No. 4115/2011 has been appointed as AWD No. 5 of Thodupuzha Taluk and the Petitioner in W.P(C) No. 4127/2011 has been appointed as ARD No. 67 of Thodupuzha Taluk. Both of them are aggrieved by the communication issued by the Commissioner of Civil Supplies dated 20-01-2011, copy of which has been produced as Ext.P4 in W.P(C) No. 4115/2011. According to the Petitioners, the aforesaid communication is in violation of the provisions contained in the Kerala Rationing Order, 1966.

Facts pleaded show that there was an inspection in the AW Ds and AR Ds of Idukki district. The inspection team appears to have detected certain alleged irregularities. When that was brought to the notice of the Commissioner, he has issued the aforesaid communication dated 20-01-2011. Apprehension raised by the Petitioners is that the said communication contains findings and positive directions to the District Collector to impose the punishments mentioned therein and, therefore, the proceedings that are to follow against them are exercises in futility. It is also their contention that statutory remedies such as appeal to the Commissioner and revision to the Government also will not give them any justice. It is on this allegation that they approached this Court, seeking to quash the communication dated 21-01-2011.

I heard the learned Government Pleader also, who argued to sustain the communication dated 20-01-2011 and I have considered the submissions made by both sides.

A reading of the communication dated 20-01-2011 shows that this was issued following the inspection conducted in the AW Ds and AR Ds in Indukki district, during the course of which, irregularities have been allegedly noticed. Although going by the manner in which Ext.P4 communication dated 20-01-2011 has been worded, the apprehension expressed by the Petitioners cannot be said to be totally misplaced, still, if as stated therein, the irregularities have been found, the authorities under the Kerala Rationing Order are entitled to take action in the manner as provided therein. Therefore, the communication dated 20-01-2011 can be taken only as one bringing to the notice of the District Collector, Idukki, the irregularities allegedly noticed during the inspection and requiring the Collector to take appropriate action in the manner as provided in the Kerala Rationing Order.Therefore, it is for the District Collector to take action in accordance with law in pursuance to the communication dated 20-01-2011.

Clarifying the position as above and directing that the District Collector, Idukki, the authority competent under the Kerala Rationing Order, shall take action against the Petitioners in pursuance to the communication dated 20-01 2011, in accordance with the provisions of the Kerala Rationing Order, these writ petitions are disposed of.