V.K.BALI, P.R.RAMAN, S.SIRI JAGAN
Selvaraj – Appellant
Versus
State of Kerala – Respondent
V. K. Bali, J.
A Division Bench of this Court in Jose v. Nesamony (1994 (1) KLT 369) while dealing with the meaning of the expression 'normally resident in the locality' in clause 45(1) of Rationing Order, 1966 (Kerala), hereinafter referred to as 'Order of 1966', held that it would be the normal residence of the person in the Panchayat/Municipality/Corporation area, where the ration shop is sanctioned by the authorities. When this Original Petition came up for hearing before a learned Single Judge of this Court, he referred the matter to a Division Bench by observing that neither in the provisions of Order of 1966 nor in the decision of the Division Bench in Jose v. Nesamony (supra) it has been clearly mentioned as to whether an applicant who resides in the same Panchayat, but in a different Ward, for which sanction was accorded, can be called 'normally resident in that locality' and, therefore, the matter required to be decided by the Division Bench. The Division Bench, however, doubted the very correctness of the decision in Jose v. Nesamony (supra) and, thus, referred the matter to the Full Bench to examine the correctness thereof.
2. In the context of the reference thus d
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