KERALA STATE RETAIL RATION DEALERS ASSOCIATION REPRESENTED BY GENERAL SECRETARY Vs. STATE OF KERALA REPRESENTED BY ITS SECRETARY

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs:

(2.) Heard learned counsel for the petitioners, learned Government Pleader and the learned Standing Counsel for the respondent Corporation.

(3.) It is submitted by learned counsel for the petitioners that the 1st petitioner is the association of authorised ration dealers in the State. It is stated that going by the provisions of the National Food Security Act, 2013, the State Government is bound to see that the delivery of food grains from the designated depots of the Central Government is taken and to organise intra-State allocations for delivery of the allocated food-grains through their authorised agencies at the door-step of each fair price shop. It is stated that the 2nd respondent Corporation is the authorised agency for the allocation of the food-grains. It is further stated that by Exhibit P2, conditions for tender of the transportation contracts, it is specifically provided that the transportation contracts would include the lifting, weighing and transportation of the food-grains to the door-steps of the authorised depots. Clause 13 of Exhibit P2 specifically provides that the rates for transportation shall include the rates for transporting ration articles from the Taluk go-downs to the fair price shops within the Taluk and the rates will be inclusive of weighing, loading and unloading charges and all ancillary and incidental expenses. It is stated that some of the transporters are not weighing the food-grains which are delivered at the door-steps of the fair price shops, which results in a situation where there is shortfall in the quantity of food-grains supplied. It is stated that this leads to complaints from ration card holders against the ARDs and is resulting in extreme prejudice to the ARDs in the State. In the above circumstances, learned counsel for the petitioners contends that the provision with regard to weighing of the food-grains allotted to the ARDs has to be ensured by the respondent Corporation.