ASHOK BHUSHAN, A.M.SHAFFIQUE, A.K.JAYASANKARAN NAMBIAR
State of Kerala – Appellant
Versus
A. Beevi Kannu – Respondent
Ashok Bhushan, J. :
” This Full Bench has been constituted to answer the reference made by a Division Bench dated 24.09.2014. The Division Bench while hearing the writ appeal against an interim order passed by learned single Judge dated 01.09.2014 as modified by order dated 19.09.2014 referred following two questions to be answered by Larger Bench:
' i) Whether under sub-clause(8) of Clause 45 of the Kerala Rationing Order, 1966, there can be any circumstance under which the suspension of licence can be directed, pending enquiry or is it mandatory to grant an opportunity before ordering suspension under sub-clause (8) ?
ii) Whether the Division Bench in Kumaranellur Co-operative M.Society” s case (supra) lays down the Correct Law ?'
2. The brief facts of the case for answer ing the reference are as follows:
The respondent/writ petitioner was a Retail Foodgrain dealer. An inspection was conducted in the shop on 20.08.2014 and on 21.08.2014, an order was issued by the Commissioner of Civil Supplies suspending the license of the writ petitioner in exercise of power under Clause 45(8) of the Kerala Rationing Order, 1966. The order was challenged by the licensee in W.P. (C) N
Chandavarkar Sita Ratna Rao v. Ashalatha S. Guram (1986) 4 SCC 447
R. S. Raghunath v. State of Karnataka and another (1992) 1 SCC 335
Geeta v. State of Uttar Pradesh and others (2010) 13 SCC 678
All Kerala Retail Dealers Association v. Taluk Supply Officer
M/s. M.S.Nally Bharat Engineering Co.Ltd. v. State of Bihar & Ors.
M/s. Sukhwinder Pal Bipan Kumar & Ors. v. State of Punjab & Ors. (1982 (1) SCC 31
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