VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) WRIT petition is filed by brother of a deceased retail dealer of ration articles claiming right to get the dealership after death of his brother. Government Pleader submitted that the licensee died in 2003 and petitioner came forward with claim only after three years. However, petitioner's case is that application was made in 2004 and it was not considered so far. In any case, since licence is not granted to any other dealer and only application is called for, I direct the 2nd respondent to consider the petitioner's case based on Rules. If petitioner is the legal heir entitled to the licence, then the 2nd respondent will verify the bona fides of the claim of the petitioner. If licence is granted the petitioner should be in a position to carry on business in accordance with the terms and conditions of the licence. The 2nd respondent shall conduct enquiry and report the matter to the District Collector and Collector will pass orders. If petitioner is found ineligible, respondents will be free to select any other candidate in terms of notification. The specific case of the additional 5th respondent that the petitioner is only a dummy for another person, who is now running the ration shop will be specifically enquired into and should be considered. The result of the enquiry should be taken into account while deciding the petitioner's claim. The writ petition is disposed of as above.