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1976 Supreme(Online)(Ker) 2

KERALA HIGH COURT
, J
Kattur Service Cooperative Society Ltd. No. 426 – Appellant
Versus
V. K. Mohammed – Respondent


Advocates:
For the Appellants/Petitioners: [Unnamed]
For the Respondents: [Unnamed]

1. The question involved in this appeal, a simple one as we see it, relating to the appointment of an authorised retail distributor under Clause.45(1) of the Kerala Rationing Order , 1966 has brought in its wake a very much larger question about the extent and scope of the jurisdiction of this Court under Art.226 of the Constitution to interfere with such appointments.

2. The appellant is a Cooperative Society, who was an aspirant for appointment as an authorised retail distributor under the above mentioned clause of the Order. He failed in his first attempt before the District Supply Officer but succeeded in his appeal before the District Collector. The Commissioner of Civil Supplies who is the revisional authority set aside the order of the Collector. That order is Ext. P2. We shall extract certain parts of that order which are pertinent.
"Apart from the above aspect, there are other unsatisfactory aspects in the case which indicate that the dist. supply officer had not enquired into certain relevant aspects. ........... When a society which (had) already (been) running four shops is an applicant for licence for a fifth shop, the above factors ought to have been considered by the










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