High Court of KeralaSingle JudgeWrit petition dismissed

T.A. Jose and Company v. State of Kerala and Others

Case / Petition Number:W.P.(C) No. 3413 of 2013

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P.R.RAMACHANDRA MENON
Judgment Date
2013-02-05
Court Decision / Holding
Writ petition dismissed; the court held that there cannot be further fact adjudication under Article 226 and that stale representations do not revive the action.
Final Disposition
Writ petition dismissed

Parties to the Case

Appellants / Petitioners

  • T.A.Jose and Company, AWD No.4, Mundoor, Thrissur, represented by Managing Partner E.O.Lawrence

Respondents

  • State of Kerala represented by its Additional Secretary, Food & Civil Supplies Department, Thiruvananthapuram
  • The Commissioner of Civil Supplies, Thiruvananthapuram
  • The District Collector, Thrissur
  • The District Supply Officer, Thrissur
  • The Taluk Supply Officer, Thrissur

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri.K.S.Bharathan

Counsels for Respondents

  • • Sri.S.Jamal (Govt. Pleader) for R1, R3, R4, R5
  • • Smt. N.D.Premachandran, SC, SUPPLYCO for R2

Case Synopsis & Summary

The petitioner, T.A. Jose and Company, AWD No.4, Mundoor, Thrissur, represented by Managing Partner E.O. Lawrence, challenged the order of the first respondent (State Government) upholding the suspension and subsequent cancellation of its Authorised Wholesale Distributor (AWD) license under the Public Distribution System. The sequence began with a search and seizure of stock by the 4th respondent leading to Ext.P8 suspension by the 3rd respondent and Ext.P11 (dated 5.8.2008) cancelling the petitioner's licence. The petitioner unsuccessfully challenged these actions in Ext.P12 (appeal) before the 2nd respondent, and Ext.P14 (revision) before the 1st respondent. The petitioner has asserted that the matter should have been considered differently in light of a related criminal case and a prior court order (Ext.P13) quashing C.C.No.1049/2008 against petitioners 2 and 3, alleging conspiracy and improper storage of goods at a building supplied from the public distribution system. The respondents contended that the challenge to Ext.P14 is unfounded and that the matter involves questions of fact already adjudicated by appellate and revision authorities; review petitions and representations cannot re-open merits. The court, citing S.S. Rathore and Rabindra Nath Bose, held that this Court cannot re-adjudicate the factual matters under Article 226 on a stale cause of action and dismissed the petition for lack of merit and delay.

Provisions of Law Cited

Article 226 of the Constitution of India

Legal Doctrines & Maxims

  • Stale cause of action
  • Discretionary jurisdiction under Article 226 of the Constitution of India

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that Ext.P11 cancelling the licence was based on an improper assessment of the stock and that Ext.P13 (in CRS/M.C. 2965/2008) showed that accused Nos. 2 and 3 were not liable in the related criminal proceedings, thereby requiring reconsideration of the license cancellation and suspension in light of those findings. It is urged that the matter had not been adequately considered by the authorities and that this Court should exercise its discretionary jurisdiction under Article 226 to correct the miscarriage of justice.

Contentions of Respondents

The respondents argue that the writ petition seeks to re-evaluate questions of fact already adjudicated by the appellate and revisional authorities and is not maintainable. They emphasize that Ext.P14 order (4/28/2011) is a reasoned, final determination, with Ext.P15–P17 representations being late and insufficient to revive the stale cause of action. They rely on established principles that discretionary relief cannot be granted on belated representations and that the petitioner cannot substitute merits for a proper appellate remedy.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
S.S. Rathore v. State of Madhya PradeshAIR 1990 SC 10PositiveCited to support the proposition that repeated representations cannot revive a stale cause of action and that merits should not be reopened in exercise of writ jurisdiction.
Rabindra Nath Bose and others v. Union of India and othersAIR 1970 SC 470PositiveCited to emphasize that discretionary jurisdiction cannot be invoked to cure a petitioner who delays or sleeps on a right, reinforcing that late representations do not entitle relief.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON** ## **TUESDAY, THE 5TH DAY OF FEBRUARY 2013/16TH MAGHA 1934** ## **WP(C).No. 3413 of 2013 (B)** **----------------------------------------** **PETITIONER(S):** **--------------------------** **T.A.JOSE AND COMPANY, AWD NO.4, MUNDOOR, THRISSUR, REP.BY MANAGING PARTNER E.O.LAWRENCE.** **BY ADV. SRI.K.S.BHARATHAN** **RESPONDENT(S):** **----------------------------** **1. STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL SECRETARY, FOOD & CIVIL SUPPLIES DEPARTMENT, THIRUVANANTHAPURAM - 695 001.** **2. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM 695 001.** ## **3. THE DISTRICT COLLECTOR, THRISSUR 680 003.** **4. THE DISTRICT SUPPLY OFFICER, THRISSUR 680 003.** ## **5. TALUK SUPPLY OFFICER, THRISSUR 680 003.** **R1,R3 TO R5 BY GOVERNMENT PLEADER SRI.S.JAMAL R2 BY ADV.SRI. N.D.PREMACHANDRAN,SC,SUPPLYCO** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **Kss** ## **WPC.NO.3413/2013 B** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** |**EXT.P-1**|**TRUE COPY OF THE RELEVANT PAGE OF THE INSPECTION BOOK.**| |---|---| |**EXT.P-2**|**TRUE COPY OF THE JUDGEMENT IN WPC NO.14072 OF 2008**| ||**BEFORE THE HIGH COURT OF KERALA DT.2.5.2008.**| |**EXT.P-3**|**TRUE COPY OF THE LETTER SENT DATED 25.4.2008 BY THE**| ||**SECRETARY KODUNGALLOOR BLOCK PANCHAYATH.**| |**EXT.P-4**|**TRUE COPY OF THE LETTER DATED 25.4.2008 SENT BY THE**| ||**SECRETARY PERINJANAM GRAMA PANCHAYATH.**| |**EXT.P-5**|**TRUE COPY OF THE RELEASE ORDER DATED 27.6.2007 ISSUED BY**| ||**THE FOOD CORPORATION OF INDIA.**| |**EXT.P5(a)**|**TRUE COPY OF THE RELEASE ORDER DATED 29.6.2007 ISSUED BY**| ||**THE FOOD CORPORATION OF INDIA.**| |**EXT.P-6**|**TRUE COPY OF THE AGREEMENT 27.7.2007.**| |**EXT.P6(a)**|**TRUE COPY OF THE AGREEMENT 29.6.2007.**| |**EXT.P-7**|**TRUE COPY OF THE LETTER DATED 28.4.2008 ISSUED BY THE**| ||**PARTNER OF THE PETITIONER FIRM.**| |**EXT.P-8**|**TRUE COPY OF THE PROCEEDINGS DATED 30.4.2008 OF THE 4TH**| ||**RESPONDENT.**| |**EXT.P-9**|**TRUE COPY OF THE MAHAZAR DATED 3.5.2008 PREPARED BY THE**| ||**4TH RESPONDENT.**| |**EXT.P-10**|**TRUE COPY OF THE ORDER DATED 9.6.2008 OF THE 2ND**| ||**RESPONDENT.**| |**EXT.P-11**|**TRUE COPY OF THE ORDER DATED 5.8.2008 OF THE 3RD**| ||**RESPONDENT.**| |**EXT.P-12**|**TRUE COPY OF THE ORDER DATED 4.5.2009 OF THE 2ND**| ||**RESPONDENT.**| |**EXT.P-13**|**TRUE COPY OF THE ORDER DATED 15.3.2010 OF THIS HON'BLE**| ||**COURT IN CRL.M.C.NO.2955/2008.**| |**Kss**|**..2/-**| **..2....** ## **WPC.NO.3413/2013 B** **EXT.P-14 TRUE COPY OF THE ORDER DATED 28.4.2011 OF THE 1ST RESPONDENT.** **EXT.P-15 TRUE COPY OF THE LETTER DATED 6.8.2012 OF THE DEPUTY SECRETARY. EXT.P-16 TRUE COPY OF THE REPRESENTATION WITHOUT ANNEXURES DATED 29.5.2012 PREFERRED BY THE PETITIONER. EXT.P-17 TRUE COPY OF THE REPRESENTATION WITHOUT ANNEXURES DATED 8.8.2012 PREFERRED BY THE PETITIONER. EXT.P-18 TRUE COPY OF THE LETTER DATED 1.12.2012 OF THE DEPUTY SECRETARY.** **RESPONDENTS' EXHIBITS: N I L** ## **/TRUE COPY/** **P.A.TO JUDGE** ## **Kss** ## **P.R.RAMACHANDRA MENON, J.** - - - - - - - - - - - - - - - - - - - - - ## **W.P.(c) No. 3413 OF 2013** - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5[th] day of February, 2013 ## **JUDGMENT** The petitioner was appointed as an Authorised Wholesale Distributor (AWD No.4) initially in the year 1996. During the course of operation that was being pursued by the petitioner in relation to the public distribution system, a search was conducted in the petitioner's godown by the 4[th] respondent and seizure of stock was made. The matter was reported before the third respondent, who considered the same and issued Ext.P8 order of suspension. On completing the proceedings, the guilt on the part of the petitioner was established and accordingly his licence was cancelled as per Ext.P11 order passed by the third respondent on 5.8.2008. 2. Being aggrieved of the order passed by the third respondent, the petitioner preferred a statutory appeal before the second respondent and after considering the merits involved, interference was declined and the appeal was dismissed, as per Ext.P12 order dated 4.5.2009. The petitioner chose to file a revision petition before the first W.P.(C)No.3413/2013 2 respondent which also did not turn to be fruitful, as borne by Ext.P14 order dated 28.04.2011. It is the said order that is under challenge in this writ petition, stating that the petitioner had been pursuing the matter further, before the Government, by filing various representations and also by way of 'review', which admittedly is not maintainable. This fact was realised by the petitioner much later. 3. The learned counsel for the petitioner submits that the partners of the firm, who were also proceeded against, by virtue of the crime registered against them as C.C.No.1049/2008, was intercepted by this Court as per Ext.P13 order dated 15.03.2010 passed in Crl.M.C.No.2965/2008, whereby C.C.No.1049/2008 on the file of Judicial First Class Magistrate's Court, Kunnamkulam against the petitioners therein, who are accused Nos. 2 and 3, was quashed. In view of the said proceedings, the petitioner contends that the matter ought to have been properly considered by the concerned respondents and hence the writ petition. 4. Heard the learned Government Pleader as well. 5. Going by the facts and figures as projected in the writ W.P.(C)No.3413/2013 3 petition, it is seen that the verdict passed by this Court by way of Ext.P13 in respect of the alleged conspiracy and making available the relevant building so as to store the goods, which was stated as procured and brought from the public distribution system, was not established and the proceedings were intercepted in respect of the concerned petitioners, who were shown as accused Nos. 2 and 3. This however, does not come to the rescue of the petitioner in so far as the insinuation is something other than the subject matter to be considered in the Crl. M.C. The factual position leading to search, seizure and the incriminating circumstances in respect of the excess goods, which were in the stock, forming part of the public distribution system, was considered by the 3[rd] respondent, who passed Ext.P11 order, thus cancelling the licence of the petitioner. The factual particulars in this regard were subjected to meticulous analysis by the Appellate Authority i.e. the second respondent, when interference was declined as per Ext.P12 order. The matter was further caused to be considered by the first respondent/Revisional Authority as provided under the statute, who passed Ext.P14 order giving the facts and figures in detail, and W.P.(C)No.3413/2013 4 declining interference. This Court is of the firm view that there cannot be any further fact adjudication exercise at the hands of this Court, invoking the discretionary jurisdiction under Article 226 of the Constitution of India. As such, no interference is warranted on merits. 6. That apart, it is also relevant to note that Ext.P14 order was passed by the first respondent as early as on 28.04.2011 and the petitioner has approached this Court by filing the present writ petition challenging the same, only now. It can only be in respect of a stale cause of action. It is stated by the petitioner that the petitioner pursued the matter by way of 'review' before the Government on the basis of wrong advise, which came to be rejected as per Ext.P15 and that the petitioner has filed a detailed representation before the concerned Minister, as borne by Ext.P16 and yet another representation before the Honourable Chief Minister, as borne by Ext.P17. Ext.P15 produced by the petitioner himself reveals that the 'review petition' was sought to be filed (in respect of the order passed by the first respondent in the revision vide Ext.P14) only on 29.05.2012 ie. more than one year after passing Ext.P14 order. Filing of repeated representations cannot W.P.(C)No.3413/2013 5 stretch the cause of action in any manner, which is the law declared by the Apex Court as per the decision in **S.S.Rathore v. State of Madhya Pradesh** (AIR (1990) Supreme Court 10). That apart, it is also relevant to note that if at all a person aggrieved of any cause has been sleeping on an 'arm chair', he is not entitled to have the discretionary jurisdiction vested with this Court under Article 226 of the Constitution of India, exercised in his favour. This is the law declared by the Apex Court as per the decision in _**Rabindra Nath Bose and others v. Union of India and others** (AIR 1970 SC 470)._ In the above circumstances, no interference is warranted. The writ petition fails and it is dismissed accordingly. ## **P.R.RAMACHANDRA MENON JUDGE** sv. W.P.(C)No.3413/2013 6 W.P.(C)No.3413/2013 7