Kerala High Court
Domenic Fernandez M vs State Of Kerala on 10 March, 2026
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2026:KER:21296
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 10TH DAY OF MARCH 2026 / 19TH PHALGUNA, 1947
WP(C) NO. 9310 OF 2026
PETITIONERS:
1 DOMENIC FERNANDEZ M
AGED 63 YEARS
S/O MATHEW FERNANDEZ,
T.C. 34/688/14, VALIYATHURA,
THIRUVANANTHAPUAM, PIN - 695008
2 MUHAMMED NIZARUDEEN M A
AGED 57 YEARS
S/O MOHAMMED ABDUL KHADER,
NIZAR MANZIL, T.C. 46/517 PALLITHERUVU,
POONTHURA P.O THIRUVANANTHAPURAM, PIN - 695026
3 A SYED
AGED 54 YEARS
S/O ABDUL KHADER,
T.C. 48/386, PALLY STREET, POONTHURA P.O
THIRUVANANTHAPURAM, PIN - 695026
4 MILANI PEREIRA
AGED 47 YEARS
W/O RAJESH MATHEW,
T.C. 71/1158, LILLY COTTAGE CHERIYATHURA,
THIRUVANANTHAPURAM, PIN - 695008
BY ADVS.
SHRI.ADARSH SIVADASAN
SHRI.VENU GOPAL V.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVT,
FOOD & CIVIL SUPPLIES DEPARTMENT, GOVT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
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W.P(C) No.9310 of 2026
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2 THE COMMISSIONER OF CIVIL SUPPLIES-
& CONSUMER AFFAIRS
PUBLIC OFFICE BUILDING COMPLEX,
VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN - 695033
3 THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM
CIVIL STATION, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM, PIN - 695043
4 DISTRICT SUPPLY OFFICER
CIVIL STATION, KUDAPPANAKUNNU,
THIRUVANANTHAPURAM, PIN - 695043
BY ADV. RAJEEV JYOTHISH GEORGE,
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BECHU KURIAN THOMAS, J.
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W.P(C) No.9310 of 2026
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Dated this the 10th day of March, 2026
JUDGMENT
Though the petitioners challenge Exhibit-P10 order suspending the licence for fair price shops conducted by the petitioners, it is noticed that each of the petitioners had individually preferred appeals before the third respondent as Exhibit-P11 to Exhibit-P14 respectively. It was also submitted during the course of arguments that no interim reliefs have been sought for in the pending appeals.
2. Having heard the learned counsel for the petitioners as well as the learned Government Pleader, this Court is of the view that since petitioners have already invoked the statutory remedy under Clause 62(1) of the Kerala Targeted Public Distribution System Control Order, 2021, recourse to the remedy under Article 226 of the Constitution of India is not proper. Therefore, this Court cannot entertain this writ petition, considering the nature of reliefs sought for.
3. Notwithstanding the above, since the petitioners do contend that they have been victimised for no fault of theirs, especially in the light of 146 ration cards having been issued by the 4 th respondent itself, I am of the view that those are matters which can be raised before the Appellate Authority either for claiming interim relief or during 2026:KER:21296 W.P(C) No.9310 of 2026 -:4:- the final hearing of the appeal itself.
4. Since, concededly, no interim prayer has been sought for in the pending appeal, this Court is of the view that the appeal itself can be directed to be disposed of in a time-bound manner, if already received by the Appellate Authority.
Accordingly, there will be a direction to the third respondent to consider and pass appropriate orders on Exhibit-P11 to Exhibit-P14 appeals filed by the petitioners, respectively, as expeditiously as possible, at any rate, within an outer period of two months from the date of receipt of a copy of this judgment. Needless to mention, if any prayer for interim relief is sought for, the third respondent will be at liberty to consider the same as well.
The writ petition is disposed of.
Sd/-
BECHU KURIAN THOMAS JUDGE jka/10.03.26.
2026:KER:21296 W.P(C) No.9310 of 2026 -:5:- APPENDIX OF WP(C) NO. 9310 OF 2026 PETITIONERS' EXHIBITS Exhibit-P1 TRUE COPY OF THE ORDER NO. CS/3219/14 DATED 25-10-2016 Exhibit-P2 TRUE COPY OF THE LICENCE ORDER DATED 03- 01-2023 OF THE 1ST PETITIONER Exhibit-P3 TRUE COPY OF THE ORDER NO. CSI/1388/13 DATED 17-06-2013 Exhibit-P4 TRUE COPY OF THE LICENCE ORDER DATED 03- 01-2023 OF THE 2ND PETITIONER Exhibit-P5 TRUE COPY OF THE ORDER NO. CSI-5014/2004 DATED 28-12-2024 Exhibit-P6 TRUE COPY OF THE LICENCE ORDER DATED 03- 01-2023 OF THE 3RD PETITIONER Exhibit-P7 TRUE COPY OF THE ORDER NO. CSI-3822/12 DATED 04-01-2013 Exhibit-P8 TRUE COPY OF THE LICENCE ORDER DATED 03- 01-2023 OF THE 4TH PETITIONER Exhibit-P9 TRUE COPY OF THE FIR IN CRIME NO.
1264/2025 DATED 21.10.2025 Exhibit-P10 TRUE COPY OF THE PROCEEDINGS VIDE NO.
MD:DSOTVM/1028/2025-CS2 DATED 21-01-2026 OF THE 4TH RESPONDENT Exhibit-P11 TRUE COPY OF THE 1ST PETITIONERS APPEAL TO THE 3RD RESPONDENT DATED 02.02.2026 Exhibit-P12 TRUE COPY OF THE 2ND PETITIONERS APPEAL TO THE 3RD RESPONDENT DATED 02.02.2026 Exhibit-P13 TRUE COPY OF THE 3RD PETITIONERS APPEAL TO THE 3RD RESPONDENT DATED 02.02.2026 Exhibit-P14 TRUE COPY OF THE 4TH PETITIONERS APPEAL TO THE 3RD RESPONDENT DATED 02.02.2026 Exhibit-P15 TRUE COPY OF THE HON'BLE SESSIONS COURT, THIRUVANANTHAPURAM ORDER DATED 25.02.2026