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2018 Supreme(Online)(KER) 3862

HIGH COURT OF KERALA
SHAJI P.CHALY, J
R PRABHAKARAN PILLAI – Appellant
Versus
THE STATE OF KERALA – Respondent


JUDGMENT

Petitioner is an ex-army personnel retired in the year 1999.

From the year 2004 onwards he is an authorised retail dealer, carrying out the business of selling fertilisers under the licence granted by the 3rd respondent, as per Clause 8(3) of the Fertiliser (Control) Order, 1985 (hereinafter referred to as Rule 1985). The grievance highlighted by the petitioner is that even though an application is filed by the petitioner within time, as is provided under Rule 1985, the same is not processed in accordance with law. It is also submitted that by virtue of the particular provisions contained under the Order, 1985, petitioner is entitled for a deemed licence. It is thus seeking appropriate directions, this writ petition is filed.

2. Heard learned Counsel for the petitioner and the learned Government Pleader and perused the pleadings and documents on record.

3. Learned Counsel for the petitioner reiterated the contentions raised in the writ petition. Learned Government Pleader pointed out that, even though an application was received in the office of the 3rd respondent, the same was defective and consequently, the same was returned to the 4th respondent, i.e, Agricultural Officer,

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