AMBUJAKSHI AMMA & CO. Vs. STATE OF KERALA

JUDGEMENT

(1.) The captioned writ petitions are substantially and materially connected, in which the petitioners are seeking declaration that the petitioners are not liable to be displaced from the task of Authorised Wholesale Distribution on the basis of the licenses (AWD licenses) issued to them in purported implementation of the National Food Security Act, 2013 or the consequential instructions from the Union of India, and for other related reliefs. Facts discernible from W.P.(C) No. 781 of 2017 are recited, and if and when facts from other writ petitions are required, same will be mentioned separately.

(2.) Petitioners are Authorised Wholesale Distributors engaged in the business of public distribution so entrusted to them as per the licenses given by the District Collector. Most of the licensees are so functioning since the introduction of the rationing system in Kerala.

(3.) The short question focused through this writ petition is whether the AWD licenses issued under the Kerala Rationing Order, 1966 to the petitioners can be abruptly revoked under the guise of purported implementation of the provisions of the National Food Security Act, 2013 [for short, 'Act, 2013'], or under the order of the Central Government - Public Distribution System (Control) Order, 2001, issued under the Essential Commodities Act, 1955. As far as State of Kerala is concerned, public distribution system of rationed articles are governed by the provisions of the Kerala Rationing Order, 1966, an order promulgated under the provisions of the Essential Commodities Act, 1955.