JAYA JOSE Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) The appellant filed W.P. (C) No. 30181 of 2006 challenging Ext.P5 order, dated 14th November, 2006, passed by the Government, by which the fifth respondent was appointed as the permanent licensee of the whole-sale ration depot No. 13 of Thrissur District (Authorised Wholesale Distributor).

(2.) The whole-sale ration depot No. 13 was being run by a consumer co-operative society. The licence in favour of the society was cancelled. Thereafter, Smt. Jaya Jose (appellant) was appointed as a temporary licensee. Applications were invited by the District Collector, Thrissur as per Ext. P1 notice, dated 29th July, 2003, for the appointment of a permanent licensee. Ext. P1 stipulates that the applicant shall submit solvency certificate for Rs. 6 lakhs. On appointment, the selected person has to furnish bank guarantee for Rs. 1 lakh before signing the agreement. The applicant should provide a godown having 200 tonne storage capacity. The depot could be established either in the applicant's own building or in a building owned by others, provided, the consent letter of the owner is produced. Ext. P1 also provides that if the applicant has previous experience, the certificate in respect of the same should be produced.

(3.) As per Ext. P1, three persons submitted applications. They are : (1) K. Johnson, (2) A.K. Paul (fifth respondent) and (3) Jaya Jose (appellant/petitioner). As per Ext. P2 order, dated 20.11.2003, the District Collector appointed Jaya Jose as the Authorised Wholesale Distributor. Ext. P2 order was challenged by the fifth respondent before the Commissioner of Civil Supplies, who passed Ext. P3 order dated 27.4.2005, confirming the order passed by the District Collector. The fifth respondent challenged Ext. P3 order passed by the Commissioner of Civil Supplies in revision before the Government. The Government passed Ext. P5 order dated 14.11.2006. The Government took the view that the fifth respondent, A.K. Paul, shall be appointed as the licensee. The appointment of Jaya Jose as a licensee was set aside.