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2007 Supreme(Ker) 237

K.S.RADHAKRISHNAN, M.N.KRISHNAN
K. P. Mohammad Ali Haji – Appellant
Versus
S. Rasitha, Srambikkal House – Respondent


Judgment :-

Radhakrishnan, Ag. C.J.

Learned single judge of this court vacated Ext. P10 order passed by the Government in exercise of its revisional powers conferred under clause 71 of the Kerala Rationing Order on the ground that the same was passed by an officer inferior to the officer who has passed the appellate order.

2. The question that is posed for consideration before us is whether the petitioner, an unemployed girl, is entitled to be appointed as authorised wholesale distributor of rationed articles in Kozhikode taluk area. District Collector held in favour of the petitioner and the same was taken in appeal before the Commissioner, appellate authority. Appeal was dismissed. Mohammed Ali filed a revision before the Government and the orders of the District Collector and the Civil Supplies Commissioner were reversed and the Government granted wholesale dealership to 7th respondent, Mohammed Haji. Aggrieved by the same, petitioner has approached this court by filing W.P.C. No 20262 of 2006. Learned single judge did not go to the merits of the case, but held that the Government have committed an error in entrusting the revision to a lower level officer compared to that of the C












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