Malabar Agricultural And General Marketing Co-Operative Society LTD vs. State Of Kerala
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUE AY, THE 03RD DAY OF SEPTEMBER 2019 / 12TH BHADRA, 1941 WP(C).No.23175 OF 2019(V) PETITIONER/S: MALABAR AGRICULTURAL AND GENERAL MARKETING CO-OPERATIVE SOCIETY LTD, NO M 901, CHELEMBRA, MALAPPURAM DISTRICT, 673 634, REPRESENTED BY ITS PRESIDENT, V.P. SADIQ. S/O MOOSA. BY ADV. SRI.K.RAKESH RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SOCIAL WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN 695 001. 2 THE DIRECTOR, DEPARTMENT OF WOMAN AND CHILD WELFARE, DIRECTORATE OF WOMAN AND CHILD DEVELOPMENT, POOJAPURA, TRIVANDRUM, PIN-695 012. OTHER PRESENT: SMT.K.AMMINIKUTTY, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.23175 OF 2019(V) 2 J U D G M E N T The Malabar Agricultural and General Marketing Co- operative Society Ltd., which is a Co-operative Society registered under the provisions of the Kerala Co-operative Societies Act (KCS Act for short), has filed this writ petition impugning condition No.1 in Ext.P6 circular issued by the Government of Kerala, which provides that every Society, from where commodities are to be purchased, should have a “Provision Store” with license from the Food Safety Department and that such shops must have functioned at least for a period of one year.
The petitioner says that they are a Co-operative Society registered for promoting sales of pulses, cereals, millet, oil etc., by procuring it directly from Agriculturists and that they have been engaged in this activity for the last more than five years. They say, therefore, that condition No.1 in Ext.P6, as far as they are concerned, are impossible for compliance since they are procuring articles directly from the agriculturalists and are not routing it through a “Provision Store” on a commercial basis. They, therefore, pray that the Government be directed to consider relaxing condition No.1 in their case; in the alternative
WP(C).No.23175 OF 2019(V) 3 or that this Court set aside the said condition, so as to enable them to participate in the tender processes for supply of articles, for the purpose of 'Anganvadies', to the Government.
In response to the afore submissions of Sri.K.Rakesh, learned counsel for the petitioner, the learned Senior Government Pleader - Smt. Amminikutty, submits that Ext.P6 circular has been issued by the Government under a policy decision to ensure that persons/entities coming forward under it are qualified and fully equipped to answer the requirements made on them from time to time. She says that a condition for a Provision Store has been incorporated therein to ensure that articles are supplied without break and that this cannot be seen to be illegal or contrary to public interest. She however, says that taking note of the petitioner's specific averments and their case that they are procuring articles directly from the agriculturists, the competent Authority of the Government can certainly hear them and consider whether they can be given exemption from condition No.1 in Ext.P6 as a special case.
When I hear the learned Senior Government Pleader as afore, I find substantial force in her submissions, since it will not be justified or prudent for this Court to tinger with a policy
WP(C).No.23175 OF 2019(V) 4 decision of the Government, which is reflected in Ext.P6 circular, but I am also of the view that if, as stated by the petitioner, they are engaged in procuring articles directly from agriculturalists then the competent Authority of the Government must certainly decide whether they can be given exemption from conditions in Ext.P6 circular. Therefore, though I do not propose to interfere with Ext.P6 in any manner at this time, I deem it appropriate to leave liberty to the petitioner to approach the competent Authority of the Government within a period of two weeks from the date of receipt of a copy of this judgment, seeking exemption from Condition No.1 in Ext.P6; in which event, the said Authority will hear them and take a decision thereon as expeditiously as is possible but not later than one month thereafter. This writ petition is thus ordered. DEVAN RAMACHANDRAN rp JUDGE
WP(C).No.23175 OF 2019(V) 5 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE LICENCE ISSUED BY THE FOOD SAFETY AND STANDARDS AUTHORITY TO THE PETITIONER DATED 31.8.2018 EXHIBIT P2OF THE LICENCE ISSUED BY THE JOINT
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.