IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 801 of 2011(A)

1. ALL KERALA RETAIL RATION DEALERS ... Petitioner

2. V.K.BALAN,

3. P.V.SARASWATHI,

Vs

1. THE DISTRICT COLLECTOR,

... Respondent

2. THE TALUK SUPPLY OFFICER,

3. E.F.JOHNSON,

4. KERALA STATE CIVIL SUPPLIES CORPORATION, For Petitioner :SRI.PHILIP T.VARGHESE For Respondent :SMT.MOLLY JACOB,SC,SUPPLYCO The Hon'ble MR. Justice ANTONY DOMINIC Dated :14/11/2011

O R D E R

ANTONY DOMINIC, J.

-------------------------------------------------- W.P.(C) NO.801 OF 2011(A)

-------------------------------------------------- Dated this the 14th day of January, 2011 J U D G M E N T

First petitioner is an association of retail ration dealers and petitioners 2 and 3 are its members. Petitioners 2 and 3 and certain other retail dealers were initially linked to AWD.No.6 of Chavakkad Taluk. While so, AWD.No.6 of Chavakkad Taluk was terminated and a temporary licensee was appointed. Subsequently, the petitioners and certain others were linked to 3rd respondent and that arrangement was continuing. Now Ext.P3 order has been issued by the 2nd respondent directing that hence forth the petitioners will avail of the supply from the 4th respondent. In this writ petition, the petitioners' main complaint is that the 4th respondent dealer is situated 34 Kms away from their locations and therefore inconvenience is being caused to them for no reason. It is stated that there are other AWDs in nearer places to which if necessary they can be linked.

2. Although it is for respondents 1 and 2 to decide to which AWD, ARDs are to be linked, necessarily while making such arrangements convenience of ARDs also is to be taken into  WPC.No. 801/2011

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account. In this case, the outlet of the 4th respondent is situated at a far away place and therefore it is essential that respondents 1 and 2 should reconsider their decision in Ext.P3 and make alternate arrangements to ensure that the inconvenience to the ARDs are avoided to the extent it is possible.

4. Therefore I dispose of this writ petition directing that on the production of a copy of this judgment, the first respondent will reconsider the issue and pass appropriate orders relinking the petitioners and others who are presently ordered to be linked to the 4th respondent within one week from the date of production of a copy of the judgment. Until orders are passed status quo as on today will be maintained.

Petitioners shall produce a copy of the judgment along with a copy of the writ petition before the first respondent for compliance.

(ANTONY DOMINIC)

JUDGE

vi/

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