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Sreelekha Abhilash, W/O Abhilash P S – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
The petitioner is the daughter-in-law of late K.R.Sivarajan, who was the Authorised Retail Distributor of Fair Price Shop No.23 in Mezhuvelli, Pathanamthitta District. While the petitioner was working as saleswoman in the shop, her father-in-law, who had become aged and sickly, nominated her for appointment as licencee of the Fair Price Shop. The requisite application, was also submitted, in terms of Paragraph 37(1) of the Kerala Targeted Public Distribution System (Control) Order, 2021 ('the KTPDS Order' for short). However, the 3rd respondent rejected the nomination on the ground that the petitioner is not the legal heir of the licencee. The appeal filed against that order was dismissed by the District Collector and a revision filed before the Government met with the same fate. Hence, this writ petition.
2. Heard, Adv.Jacob P Alex and Senior Government Pleader Adv.Sunil Kuriakose.
3. Learned counsel for the petitioner submitted that the authorities grossly erred in giving a restricted meaning to the term 'legal heir'. It is contended that the term 'legal heir' is not defined in the KTPDS Order and nomination for transfer of licence is not similar to the succession of prop
A daughter-in-law is not considered a legal heir for the purpose of nomination under the Kerala Targeted Public Distribution System Order, as defined by personal law.
Court dismisses Writ Appeal, affirming the necessity of legal heirship certificates in ration depot license applications.
Point of law : The definition of 'family' includes wife or husband; sons; unmarried and widowed daughters; and if the deceased was an unmarried government servant, the brother, unmarried sister and w....
Point of law : The purpose for excluding the married daughter from the canopy of family under the Control Order of 2016 is that a fair price shop runs upon a license granted by the State agencies in ....
Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.
The court emphasized the importance of fulfilling the essential conditions for appointment as per the relevant government orders and upheld the non-discriminatory nature of the definition of 'family'....
The main legal point established in the judgment is that the definition of 'family members' in the Control Order, 2013 should be inclusive of the dependents of bachelors/spinsters, especially sibling....
A grandson, though not specifically included in the definition of "family member" under Clause 2(m) of the WBPDS Control Order, 2013, can be considered as a "family member" for the purpose of compass....
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