Petitioner is a 86 year old lady. She was a licensee of ARD-
224 in Chirayinkeezh Taluk in Thiruvananthapuram district.
Certain irregularities were found out and her license was cancelled. The order has become final as per Ext.P4. Petitioner approached this Court challenging order of cancellation and alternatively submits for a direction to transfer of license in favour of her son in terms of Sec.45(2) of the Kerala Rationing Order, 1966.
2. Learned Government Pleader submits that since petitioner's license is cancelled, no transfer can be made in terms of Sec.45(2) of the Rationing Order.
3. I have gone through the order of cancellation. Though there are lapses on the part of petitioner, these lapses is also attributable to the fact that the petitioner is unable to run the ration shop because of her age. This is also seen from Ext.P2 order itself passed by the Civil Supplies Director. It is clearly indicated in Ext.P2 itself that it is on account of the fact that licensee is unable to run the unit, it resulted in misuse. The irregularities as W.P(C).No.30347 of 2012P 2 pointed out is a lapse on the part of licensee but nevertheless taking note of her age, I am of the view a reconsideration is required to enable the legal heir of licensee to run the ration shop. Therefore, it is to be considered whether the license has to be transferred to one of the legal heirs of the licensee in terms of Sec.45(2) of the Rationing Order after imposing any penalty. In view of the matter, a decision shall be taken by the fourth respondent whether after imposing penalty on licensee, license can be transferred in favour of the legal heir. The issue regarding challenge on cancellation is left open.
This Writ Petition is therefore disposed of with the above direction to take a decision in the matter within a period of two months after affording an opportunity of hearing to authorized representatives of the petitioner.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/10/12/14