Ker HC | No requirement to provide opportunity of hearing before making a suspension under rationing order, in emergent situations

Kerala High Court: The Bench of Shaji P. Chaly, J. disposed of a civil writ petition against suspension under rationing order, allowing an authorized retail distributor to file objection to the said order.

Petitioner was an authorised retail distributor of ration articles appointed in the year 1986. In August 2018 an action was initiated against the petitioner by invoking Clause 45(8) of the Kerala Rationing Order, 1966. The main contention advanced by the petitioner was that the suspension order was passed without hearing him.

The Court took note of the judgment in State of Kerala v. A. Beevi Kannu, 2014 SCC OnLine Ker 21219 where it was held that there is no requirement for providing the opportunity of hearing before making a suspension under the rationing order, in emergent situations.

Learned counsel for petitioner O.V. Maniprasad submitted that it would suffice if the petitioner is permitted to participate in the proceedings by filing an objection to the suspension order. In view thereof, the petition was disposed of permitting the petitioner to submit suitable objection within one month from the date of receipt of a copy of this judgment.[Sivaprasad S.P. v. State of Kerala, 2019 SCC OnLine Ker 980, Order dated 27-03-2019]

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