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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
T.P.Santhosh Kumar, S/o.T.P.Surendran (Late) – Appellant
Versus
Anil Kumar, S/o.Choolan Kutty – Respondent
| Table of Content |
|---|
| 1. court's examination of writ and review petition findings. (Para 1 , 2) |
| 2. procedural background on license application. (Para 3 , 4 , 5) |
| 3. arguments addressing the legal standing of claimants. (Para 6) |
| 4. court's observations on statutory compliance. (Para 9 , 10) |
| 5. conclusion on dismissal of the appeal. (Para 11) |
JUDGMENT :
This appeal is filed challenging the order dated 19.02.2021 in R.P.No.56 of 2021 from the judgment dated 17.10.2017 in W.P.(C) No.36194 of 2010 of the learned Single Judge. Appellant was the petitioner in the Review Petition. Appellant was not a party in the W.P.(C) though his father had been arrayed as the 6th respondent in the W.P. (C).
3. The learned Single Judge had vide judgment dated 17.10.2017 disposed of the Writ Petition setting aside Ext.P11 order as well as the consequential order passed by the District Collector dated 12.01.2011. The learned Single Judge also directed the District Supply Officer to issue a notice to the 1st respondent to produce the legal heirship certificate and the authorisation by all other legal heirs and to carry out an enquiry as envisaged in Clause 45 of the Kerala Rationing Order, 1966 and to consider the grant
Court dismisses Writ Appeal, affirming the necessity of legal heirship certificates in ration depot license applications.
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.
Eligibility of applicants for retail distribution based on experience, even as temporary licensees, is valid despite age and residence challenges.
The pending issuance of a Government Order regarding legal heirship certificates influenced the court's decision to quash the rejection of the application and remand the matter for fresh consideratio....
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