SULOCHANA SANKAR Vs. STATE OF KERALA; COMMISSIONER OF CIVIL SUPPLIES; DISTRICT COLLECTOR, MALAPPURAM; TALUK SUPPLY OFFICER

JUDGEMENT

(1.) The petitioner is challenging Ext.P5 passed by the first respondent in an appeal filed by the petitioner against Ext.P2 order issued by the second respondent by which, the order of the third respondent, District Collector, cancelling the licence in the name of the petitioner under Kerosene Control Order was upheld.

(2.) The petitioner is a widow of a defence person, who died in harness. On that ground, she was having a licence for running a kerosene wholesale depot at Tirur. The licence was granted as early as in 1974 and she was running the depot under the name and style "M/s. Sree Krishna Kerosene and Oil Stores" at Tirur. The petitioner alleges that she being a widow, the depot was managed with the aid of a helper by name Mohammed Rasheed, whom she later appointed as the manager from 1990 onwards. She further alleges that at the instigation of some others, who wanted to set up their own business, instigated the third respondent, who issued proceedings dated 25.5.2005 by which the authorisation issued to the petitioner to run kerosene wholesale depot was suspended based on three irregularities. She was issued with a memo of charges stating the alleged three irregularities to which four other charges were later added. Thereafter the licence of the petitioner was cancelled.

(3.) The petitioner filed appeal before the Commissioner of Civil Supplies, the second respondent, which was disposed of by Ext.P2. The petitioner again preferred an appeal before the first respondent under Section 12 of the Kerala Kerosene Control Order which was disposed of by Ext.P5 upholding the findings of the lower authorities. It is with this background, the petitioner has come up before this Court.