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2020 Supreme(Ker) 49

S.MANIKUMAR, SHAJI P.CHALY
Swarnamma Rebecca, W/o. Johnson – Appellant
Versus
District Supply Officer, Thiruvananthapuram, Pin-695 143 – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.Abraham Mathew (Vettoor), Sri.Anil Abey Jose
For the Respondent: Sri.Aravindkumar Babu

JUDGMENT :

S.Manikumar, J.

Instant writ appeal is filed against the judgment dated 04.12.2019 passed in W.P.(C) No.33016 of 2019, by which a learned Single Judge of this Court held as under:

    “6. If as a matter of fact the aforesaid irregularities were noticed, the competent authority under the Rationing Order cannot be found fault with for having placed the dealership under suspension, for the power under Clause 45(8) of the Rationing Order is contemplated to be exercised in such cases. In the absence of any specific case of malice attributed against the first respondent for suspending the dealership of the petitioner without any cause, the correctness of the factual allegations made against the petitioner is a matter to be considered only at the time of enquiry contemplated against the petitioner. Further, the question as to whether a notice is required to be issued before a dealership is placed under suspension, has been considered by the Full Bench of this Court in W.A. No.1297 of 2014 and it was held that such a notice is not required.

In the said view of the matter, there is no merit in the writ petition and the same is, accordingly, dismissed in limine.”

2. Short facts leading t

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