SREELEKHA ABHILASH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the daughter-in-law of late K.R.Sivarajan, who was the Authorised Retail Distributor of Fair Price Shop No.23 in Mezhuvelli, Pathanamthitta District. While the petitioner was working as saleswoman in the shop, her father-in-law, who had become aged and sickly, nominated her for appointment as licencee of the Fair Price Shop. The requisite application, was also submitted, in terms of Paragraph 37(1) of the Kerala Targeted Public Distribution System (Control) Order, 2021 ('the KTPDS Order' for short). However, the 3rd respondent rejected the nomination on the ground that the petitioner is not the legal heir of the licencee. The appeal filed against that order was dismissed by the District Collector and a revision filed before the Government met with the same fate. Hence, this writ petition.

(2.) Heard, Adv.Jacob P Alex and Senior Government Pleader Adv.Sunil Kuriakose.

(3.) Learned counsel for the petitioner submitted that the authorities grossly erred in giving a restricted meaning to the term 'legal heir'. It is contended that the term 'legal heir' is not defined in the KTPDS Order and nomination for transfer of licence is not similar to the succession of property under personal laws. Being so, the expression 'legal heir', used in Paragraph 37(1) of the KTPDS Order should be understood in the ordinary parlance. Relying on the decisions in Gulzara Singh Nanta Singh v. Smt.Tej Kaur [AIR 1961 P&H 288], Mercy v. Aisha Ummal [1987 2 KLT 166] and Bay Berry Apartments (P) Ltd and another v. Shobha and others [(2006) 13 SCC 737], it is argued that, in ordinary parlance, the expression 'heir' takes in all persons entitled to property held and possessed by or under the law of inheritance. Referring to Exts.P6(a) and P9 judgments, it is submitted that, under similar circumstances, this Court had directed the authorities to consider the nomination of a daughter-in-law as the licencee. Alternatively it is contended that, having worked as salesperson of the ARD for more than ten years, the petitioner is even otherwise entitled to be appointed as licencee as provided in Paragraph 37(5) of the KTPDS Order.