N KOCHUNARAYANAN Vs. CHIRAKKARU MULTIPURPOSE CO-OPERATIVE SOCIETY LTD

JUDGEMENT

(1.) The appellant was an authorised ration distributor appointed as such by the Taluk Supply Officer. The appointment was challenged by the 1st Respondent in an appeal preferred to the District Collector. The District Collector dismissed the appeal. The 1st Respondent preferred a further revision to the Commissioner of Civil Supplies. The Commissioner interfered with the orders of the Collector and the District Supply Officer and allowed the 1st Respondent's revision. The appellant preferred a further revision to the Government. That revision was allowed by the Government by Ext. P3 order. The 1st Respondent filed the writ petition to quash Ext. P3 order. The learned Judge by his judgment under appeal held that under the provisions of the Rationing Order, there is no right of revision to the Government against an order passed on revision by the Commissioner of Civil Supplies. On that short ground the learned Judge held Ex. P3 order to be without jurisdiction and allowed the writ petition and quashed the said order. The 4th Respondent in the writ petition has preferred this appeal.

(2.) Under sub clause (1) of Clause.45 of the Kerala Rationing Order, the District Supply Officer has power to appoint a person as an authorised retail distributor in respect of any rationed article. Sub clause (10) of the said Clause provides for a right of appeal against the orders of appointment and sub clause (11) provides for a further right of revision against the order passed by the appellate Authority. These two sub clauses may be extracted:

(3.) The learned Single Judge had followed a prior decision of his, in Chandravalli v. State of Kerala (1975 KLT 639). For reasons noticed already, we cannot accept the decision as correct. We allow this appeal and set aside the judgment of the learned Judge. The result is that O.P. 2303 of 1975 will stand dismissed. There will be no order as to costs.