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2026 Supreme(Online)(Ker) 7196

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
PADMAKUMAR.K. – Appellant
Versus
THE COMMISSIONER OF CIVIL SUPPLIES – Respondent
WP(C) NO. 2038 OF 2026



Important Points

Judicial review may direct authorities to consider appeals timely without adjudicating merits.

Subject

Administrative Law - Writ Jurisdiction

Headnote

This judgment arises from the dismissal of the petitioner's application for a license to run a Fair Price Shop, denied by Ext.P6 order due to delayed filing of appeal. The court directs the 2nd respondent to consider the belated appeal Ext.P7 within three months, clarifying it will not address the merits of the case or delay claims. Finally, the writ petition is disposed of with this directive.

Advocates:
For the Appellants/Petitioners: SHRI.V.S.AFSAL KHAN, SHRI.ADARSH S.S.
For the Respondents: SRI. DHEERAJ A.S

Table of Content
1. dismissal of application for license. (Para 1)
2. appeal received albeit belatedly. (Para 2)

JUDGMENT

Petitioner was a Salesman in the Fair Price Shop No.276. He later applied for licence to run the same shop, based on his alleged experience. However, the application was dismissed by Ext.P6 order dated 10.01.2023. Challenging the aforesaid order, the petitioner preferred an appeal on 09.01.2026, presumably after a delay of more than three years. Petitioner claims that Ext.P6 order was received by him belatedly. The limited relief now sought for by the petitioner is for a direction to the 2nd respondent to dispose of Ext.P7 appeal in a time-bound manner.

2. Learned Government Pleader, upon instructions, submitted that Ext.P7 appeal has been received, though it is belated in time.

3. Since Ext.P7 appeal has been received by the

2nd respondent, I am of the view that this writ petition can be disposed of with a direction to the 2nd respondent to consider and dispose of Ext.P7 appeal.

4. Accordingly, there will be a direction to the

2nd respondent to consider and pass appropriate orders on Ext.P7 appeal within a period of three months from the date of receipt of a copy of this judgment after granting the petitioner an opportunity of hearing. It is clarified that this Court has not considered the merits of the matter or even the contentions of the petitioner that there is no delay. Those are all matters to be considered by the appellate authority.

The writ petition is disposed of as above.

Sd/-

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