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Judgment
Devan Ramachandran, J
The petitioner impugns Ext.P2 order, whereby, his licence to operate authorised 'Fair Price Shop' (FPS) has been denied on various grounds, including that he does not have requisite experience as the 'Salesman'.
Sri.Afsal Khan V.S. - learned counsel for the petitioner, however, submits that his client is 67 years in age and has more than ten years of experience as 'Salesman'; thus bringing him within the parameters prescribed for being granted a licence. He submitted that his client has, therefore, preferred Ext.P3 representation before the District Collector; and alternatively seeks that same may be directed to be taken up and disposed of without any avoidable delay, particularly because, his client and family are now without any other alternate means of livelihood.
Smt.Vidya Kuriakose – learned Government Pleader, in response, submitted that one of the reasons why Ext.P2 has been issued is because the petitioner does not have the requisite amount of experience as 'Salesman. She submitted that, in any event, after Ext.P2, the cards allotted to the 'ARD' in question have already been distributed to others; and therefore, that if this Court is so inclined, then the 1st respondent - District Collector will consider Ext.P3; but prayed that no interim interdiction against Ext.P2 be ordered at this stage.
There is some force in the submissions of Smt.Vidya Kuriakose because, if the petitioner's experience is not within the stipulated limits, then obviously, the Authorities would be justified in having refused his licence. However, this is a question of fact, because, the petitioner asserts to the contrary and says that he has more than ten years of experience. This is something which he will have to establish before the 1st respondent - District Collector appropriately, for which, I am certain that Ext.P3 must be decided without any avoidable delay, taking note of the fact that petitioner says that he is without any other means of livelihood.
In the afore circumstances, I direct the 1st respondent – District Collector to take up Ext.P3 representation of the petitioner and dispose of the same within a period of ten days from the date of receipt of a copy of this judgment. To enable this, the petitioner will appear before the 1st respondent –District Collector at 11.00 A.M on 10.11.2023, with all documents in his possession to establish the experience and other requisite credentials; based on which, said Authority will take a final decision and communicate the order to the petitioner within the afore time frame.
This Writ Petition is thus ordered.