High CourtsSingle Bench(2023) 01 KL CK 0267

Sunija Kundikkattil Thazhe vs District Supply Officer, Kozhikode, Collectorate, Eranhippalam, Kozhikode District, Pin 673020

High Court Of Kerala · Decided on 30 January 2023

HON’BLE JUDGES
Shaji P. Chaly, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 27450 Of 2022

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Judgment

5 paragraphs · 267 words

Shaji P. Chaly, J.

1.

The petitioner is stated to have submitted Exhibit P1 application dated 08.06.2022 for grant of fair price shop licence as per sub-clause 2 of Clause 34 of the Kerala Targetted Public System (Control) Order, 2021.

2.

According to the petitioner, the shop in question is reserved for Scheduled Caste Woman and she belongs to the said community. Admittedly, the qualification prescribed for submitting the application is SSLC. However, the petitioner has not produced the SSLC certificate along with the application.

3.

The case projected by the petitioner is that as per clause 34 of the Kerala Targetted Public System (Control) Order, 2021, the District Supply Officer, Kozhikode, respondent No.1, on receipt of the application, was duty bound to conduct an enquiry. Anyhow, consequent to the non-production of the SSLC certificate, the petitioner’s application was rejected as per Exhibit P4 order dated 11.08.2022. Aggrieved by the same, the petitioner has submitted Exhibit P5 representation before the District Collector, Kozhikode and the same is pending consideration. Hence this writ petition.

After having heard the learned counsel for the petitioner Sri. M. Sasindran and the learned Government Pleader Smt. Vidya Kuriakose and perusing the pleadings and materials on record, this writ petition is disposed of directing the petitioner to be present before the District Collector on 06.02.2023 at 11 a.m. The District Collector is directed to consider the representation either on the same day or on any other day with notice to the petitioner. Till such time, the interim order granted by this Court on 31.08.2022 against further proceedings, would continue to be in force.