Kerala High Court
Anandh T.A vs State Of Kerala on 2 July, 2021
WP(C) No.13212/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
WP(C) NO. 13212 OF 2021(B)
PETITIONER:
1. ANANDH T.A. AGED 44 YEARS S/O.K.R.THANKAPPAN PILLAI, AKSHAYA
CENTRE ENTERPRENEUR, KLM-158, RAMANKULANGARA, KOLLAM DISTRICT,
RESIDING AT SWATHY, MANAYILKULANGARA, THIRUMULLAVARAM P.O.,
KOLLAM DISTRICT, PIN-691012.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO ELECTRONICS AND
INFORMATION TECHNOLOGY DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2. THE DISTRICT COLLECTOR & CHAIRMAN, DISTRICT E-GOVERNANCE
SOCIETY, CIVIL STATION KOLLAM, KOLLAM DISTRICT, PIN-691013.
3. DISTRICT PROJECT MANAGER & ASSISTANT DISTRICT CO-ORDINATOR,
AKSHAYA DISTRICT PROJECT OFFICE, 1ST FLOOR, CORPORATION BUILDING,
ANDAMUKKAM, KOLLAM DISTRICT, PIN-691001.
4. THE DIRECTOR, AKSHAYA STATE PROJECT OFFICE, KOCHUMADATHIL
BUILDING, TC.25/2251, MANJALIKKULAM ROAD, THAMPANOOR,
THIRUVANANTHAPURAM DISTRICT, PIN-695001.
WRIT PETITION (CIVIL) praying inter alia that in the
circumstances stated in the affidavit filed along with the the
High Court be pleased to stay all further proceedings in pursuant
of Exhibit-P10 notice issued byt he 2nd respondent pending
disposal of this Writ Petition in the interest of justice.
This petition coming on for admission upon perusing the
petition and the affidavit filed in support of and upon hearing
the arguments of M.KANNAN Advocates for the petitioner and of
GOVERNMENT PLEADER for respondents the court passed the following:
WP(C) No.13212/2021 2/4
APPENDIX OF WP(C) 13212/2021
PETITIONER ANNEXURE
Exhibit P1 TRUE COPY OF COMPLIANCE CERTIFICATE DATED 19.12.2005
ISSUED BY THE 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING DATED
28.02.2009.
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 29.12.2020 IN
W.P(C)NO.29077/2020.
Exhibit P9 TRUE COPY OF THE RECEIPT DATED 30.12.2020.
Exhibit P10 TRUE COPY OF THE ORDER NO.L2/9038/19 DATED
30.06.2021 ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER.
WP(C) No.13212/2021 3/4
RAJA VIJAYARAGHAVAN V, J.
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W.P.(C) No.13212 of 2021
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Dated this the 2nd day of July, 2021
ORDER
The learned counsel appearing for the petitioner submitted that the
petitioner is operating the Akshaya Help desk in the Kollam Collectorate
premises on the strength of Exts.P1 and P2. When notice was issued to
the petitioner to vacate the premises for defaulting the payment of rent,
he approached this Court and by Ext.P7 judgment, the petitioner was
directed to approach the 2nd respondent seeking extension of licence on
condition that he pays the entire outstanding amount. In terms of the
directions, the petitioner had remitted the arrears on 30.12.2020 as is
evident from Ext.P9. The learned counsel contends that his application
was later considered and the same was rejected by Ext.P10 order dated
30.6.2021 and he has been asked to vacate the premises. He contends
that specific directions have been issued to the Sub Collector, Kollam to
take possession of the premises on or before 3.7.2021. The learned
counsel submits that the order cannot be sustained.
2. The petition was moved as a today moving matter.
WP(C) No.13212/2021 4/4
3. The learned Government Pleader on instructions submitted
that the premises have been taken possession of on 1.7.2021. According
to the learned Government Pleader, this fact has been suppressed in the
writ petition.
The learned Government pleader to file a statement.
Post next week.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sru
02-07-2021 /True Copy/ Assistant Registrar
