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N.Narayanan

High Court Of Kerala|13 November, 2014
|

JUDGMENT / ORDER

Thottathil B.Radhakrishnan, J.
1. Heard learned counsel for the parties.
2. This writ appeal is against the decision of a learned single Judge, refusing to interfere with the decisions of the Government and the subordinate authorities, in proceeding under the Kerala Rationing Order, 1966. The appellant was found to have misappropriated and illegally sold kerosene. At the time of admission of this writ appeal, it was noted that there was one plea of the appellant which required to be addressed. This is as to whether he had any opportunity to be aware of the fact that persons who were not eligible for NE cards were listed as NE card holders. When a home is electrified, the card holder ceases to be a non-electricity card (NE card). A counter affidavit is placed on record on behalf of the respondents in this writ appeal, touching that issue. On a deeper consideration of the materials on record, we are clear in our mind that the allegation regarding the continued allotment in the issue of kerosene to card holders as if they were NE card holders is only one of the allegations against the appellant, though that is the main one relied on to make the first order of suspension of licence as per Exhibit P1. Going through Exhibit P2 and other documents, it is amply established that the department authorities were satisfied as to the resultant misappropriation. The tabular statements in those reports and orders clearly show the total amount of money that was so misappropriated against the provisions of the Kerala Rationing Order. Similarly, the findings of facts entered into by the authorities are such that they are shown to be available on the materials on record. The quantification of the amount fixed for realization also does not call for any interference.
3. For the aforesaid reasons, we do not see any ground to interfere with the judgment of the learned single Judge. This appeal hence fails.
In the result, this writ appeal is dismissed.
Sd/-
(THOTTATHIL B.RADHAKRISHNAN, JUDGE) Sd/-
(BABU MATHEW P. JOSEPH, JUDGE) //TRUE COPY// P.A TO JUDGE DG
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Title

N.Narayanan

Court

High Court Of Kerala

JudgmentDate
13 November, 2014
Judges
  • Thottathil B Radhakrishnan
  • Babu Mathew P Joseph
Advocates
  • K Jaju Babu
  • Smt
  • M U Vijayalakshmi Sri Brijesh
  • Mohan Sri Jikku
  • Seban George