JOSE MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) Instant writ appeal is filed by appellant/writ petitioner, who was the licensee of Authorised Retail Distributor, challenging the dismissal of Writ Petition No.8706 of 2012 filed against cancellation of the license of the writ petitioner to run an Authorized Retail Distribution in rationed articles.

(2.) Writ petition has been filed challenging Exts.P3, P6 and P7 orders of the respondents in respect of cancellation of licence of ARD No.31 in Thodupuzha Taluk in Idukki District. According to the appellant/writ petitioner, licensee of the shop, Ext.P1 show cause notice dated 29.1.2010, was issued for cancellation of the licence and in response to Ext.P1 show cause notice, he has submitted Ext.P2 reply stating that he was hospitalised on the date of inspection and that the salesman had been carrying out all the responsibilities attached to the shop without giving room for any complaint. Ext.P3 order was passed cancelling the licence granted to the appellant on the findings that the appellant/writ petitioner had not been involved in the conduct of the shop at all and that the indent with regard to the ration articles as well as the stock statements were being prepared and submitted by the salesman without any involvement of the appellant/writ petitioner. The cancellation has been implemented and the stock in the shop was attached to another licensee. Appellant/writ petitioner preferred an appeal against Ext.P3 order of cancellation, which was dismissed by Ext.P6/ proceedings of the Civil Supplies Officer dated 22.9.2010, confirming the findings in Ext.P3 order. Appellant/writ petitioner preferred a statutory revision, which was also rejected by the Government by Ext.P7 order dated 8.2.2012.

(3.) Considering the facts and circumstances of the case, a learned Single Judge dismissed the writ petition by judgment dated 3 rd December 2019, which reads as under: