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2025 Supreme(Online)(Ker) 58926

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
K.N. BABY – Appellant
Versus
THE STATE OF KERALA REPRESENTED BY SECRETARY, FOOD & CIVIL SUPPLIES (B) DEPARTMENT – Respondent
WP(C) NO. 46447 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.V.S.AFSAL KHAN, SHRI.ADARSH S.S.
For the Respondents: SRI. S. RANJITH, SMT. O.M. SHALINA

The legality of age restrictions on license renewals must consider individual circumstances and representations process.

Headnote:The petitioners are licensees under the Kerala Targeted Public Distribution System (Control) Order, 2021 and challenge a circular prohibiting renewal of licenses for those above 70 years of age. The court concludes that while age restriction is in the KTPDS order, the pending representations warrant a hearing. Orders are directed for a decision on these representations.

JUDGMENT

Dated this the 11th day of December, 2025 The petitioners were issued with license for running Authorized Ration Distributorship under the Kerala Rationing Order, 1966 and continue to be licensees under the Kerala Targeted Public Distribution System (Control) Order , 2021 (hereinafter referred to as ‘the KTPDS order’). The petitioners have crossed 70 years and they are aggrieved by Ext.P1 Circular directing the authorities not to renew the FPS licenses, if the licensee has crossed 70 years of age.

2. Learned Counsel for the petitioners submits that the petitioners are physically healthy and mentally stable. Being so, the interdiction against renewal of the license period beyond 70 years is irrational and baseless. It is pointed out that voicing this grievance, the petitioners have preferred Exts.P2 to P25 representations.

3. Learned Special Government Pleader submits that Ext.P1 is issued in tune with Rule 39 Clause 3 of the KTPDS order prescribing the maximum age of licensees as 70 years. Having opted to continue as licensees under the KTPDS order, the petitioners cannot now turn around and challenge the age restriction. It is further submitted that, since the KTPDS order provides for nomination of his/her successor by the licensee, the grievance highlighted by the petitioners is without substance.

4. Although various other contentions are raised by the learned Counsel for the petitioners and refuted by the learned Special Government Pleader, inasmuch as the representations filed by the petitioners are pending consideration, it will be appropriate to direct the authority concerned to take a decision.

The writ petition is accordingly disposed of by directing the 2nd respondent to pass appropriate orders on Exts. P2 to P25 representations expeditiously, after affording an opportunity of hearing to the petitioners.

Sd/-

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