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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE P.M.MANOJ, J
K.K.Rajesh – Appellant
Versus
The Director Of Civil Supplies – Respondent
JUDGMENT :
The writ petition is preferred challenging Ext.P12 order issued by the District Supply Officer. The issue involved in this case pertains to the seizure of ration articles from a grocery shop and registration of a police case as Crime No.774 of 2012 underSection 3(2)(c) and Section 7(1)(a)(ii) of the Essential Commodities Act and Clause 5(a) of the Kerala Rationing Order , 1996. Thereby it was found that nine authorised retail distributors in Thalappally Taluk had diverted their stock of ration sugar for sale in open market and those licensees were arrayed as accused in Crime No.774 of 2012 of Erumapetty Police Station.
2. The petitioner approached this Court by preferring this writ petition stating that he is a beneficiary of the Public Distribution System and he along with other people in the locality had submitted various complaints to the authorities concerned about the diversion of ration articles for sale in the black market. In pursuance of such complaints, a raid has been conducted by the police and seizure has been effected. It is also complained that on knowing the seizure from the open market, the licensed authorised retail shops were closed and those licensees a
The petitioner lacked locus standi to challenge the suspension of licenses of retail distributors, and the principles of natural justice were upheld in the proceedings.
Court's jurisdiction under Article 226 does not allow interference in administrative appointment decisions unless there is a clear legal error.
Statutory appellate authorities must provide reasoned orders for their decisions; failure to do so renders the orders unsustainable.
The cancellation of a fair-price-shop license is invalid if the authority that conducted the inquiry also decides the merits of the case, violating procedural requirements.
The disciplinary authority must conduct a fair enquiry and consider the dealer's explanation before suspending authorization, in compliance with the relevant provisions of the Control Order, 2018.
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