JUDGMENT

The writ petition is filed, inter alia, to direct the respondents 2 and 3 not to proceed with further steps to grant license to third parties, with respect to Fair Price Shop No.2 (erstwhile ARD No.2) of the Aranmula Panchayat in Kozhencherry Taluk, till the finalization of Ext.P9 representation submitted by the petitioner.

2. The petitioner was a full time salesman of ARD No.2 of Aranmula Panchayat from 01.09.1988, onwards. The original licensee had surrendered the license to her daughter and the petitioner continued to work as a salesman as reflected in Ext.P5. The new licensee had also expressed her unwillingness to continue with the ration shop due to her physical ailments. Accordingly, ARD No.2 merged with ARD No.8. The petitioner continued as full time salesman in ARD No.8 as well. As per clause 37 (5) of Ext.P7 order, if a Fair Price Shop owner is incapable of running the ration business and his legal heirs are not willing to continue the ration business, the license can be granted to the salesman having ten years of experience. Therefore, the petitioner is eligible to be awarded with the license, in accordance with the provisions of the KTPDSO. Consequently, the pet