Kerala High Court
Vijayakumar vs State Of Kerala on 28 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
WP(C) NO. 1676 OF 2015
PETITIONER:
VIJAYAKUMAR V.G., AGED 43,
S/O.GOPALAN, ANJANEYAM,
VADAKKEPURAKKAL HOUSE,
POTTORE P.O., THIROOR,
THRISSUR - 680581.
BY ADVS.
SRI.M.H.HANIL KUMAR
SRI.M.R.DHANIL
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY,
DEPARTMENT OF INFORMATION TECHNOLOGY,
ICT CAMPUS, VELLAYAMBALAM JN,
THIRUVANANTHAPURAM - 695 033
2 THE SECRETARY
DEPARTMENT OF INFORMATION TECHNOLOGY,
ICT CAMPUS, VELLAYAMBALAM JN,
THIRUVANANTHAPURAM - 695 033
3 DISTRICT COLLECTOR & CHIEF CO-ORDINATOR
AKSHAYA, COLLECTORATE,
AYYANTHOLE, THRISSUR - 680 003
4 ASSISTANT DISTRICT CO-ORDINATOR
AKSHAYA DISTRICT PROJECT OFFICE,
GLOBAL PLAZA BUILDING,
VANCHIKKULAM ROAD, POOTHOLE P.O.,
THRISSUR - 680 004
WP(C) NO. 1676 OF 2015
2
5 *ADDL. R5 IMPLEADED
THE THRISSUR MUNICIPAL CORPORATION
REPRESENTED BY ITS SECRETARY,
OFFICE OF THE MUNICIPAL CORPORATION,
THRISSUR - 680 001.
IS IMPLEADED AS ADDL.R5 AS PER ORDER DTD. 19.02.2015
IN I.A.2329/15
BY ADVS.
SR.GOVERNMENT PLEADER SMT.DEEPA NARAYANAN
SRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1676 OF 2015
3
JUDGMENT
The writ petition has been filed challenging the
termination of functioning of the Akshaya Centre
allotted to the petitioner. According to the
petitioner, the termination was illegal. The writ
petition was filed in 2015. The petitioner was
granted permission for running the Akshaya Centre for
a period of 3 years, which is already over. The only
grievance that remains is a settlement of any monetary
disputes that had arisen on the basis of the
appointment of the petitioner to run the Akshaya
Centre and his termination which is alleged to be
illegal.
2. The learned Government Pleader submits that
the agreement provides for an arbitration and the
petitioner may raise his disputes before the
Arbitrator. Since the issue that is now pending is
only related to the monetary aspects, there is no
WP(C) NO. 1676 OF 2015
scope for granting a remedy under Article 226 of the
Constitution of India.
In the above circumstances, this writ petition is
disposed of permitting the petitioner to approach the
sole Arbitrator identified in Ext.P5 agreement for
settlement of his disputes. The period during which
the case was pending before this Court shall be
eschewed and the Arbitrator shall proceed as if there
is no delay in approaching the Arbitrator. Necessary
claim petition shall be filed before the Arbitrator
within 3 weeks.
Sd/-
T.R.RAVI
JUDGE
Pn
WP(C) NO. 1676 OF 2015
APPENDIX OF WP(C) 1676/2015
PETITIONER'S EXHIBITS
A TRUE COPY OF THE LETTER OF EMPLOYMENT DATED
EXT. P1-
22.7.2008
EXT. P2- A TRUE COPY OF THE COMMUNICATION DATED 3.5.2004
EXT. P3- A TRUE COPY OF THE CERTIFICATE DATED 31.10.2005
A TRUE COPY OF THE RELEVANT PAGES OF THE BANK
EXT. P4-
STATEMENT DATED 24.12.2014
EXT. P5- A TRUE COPY OF THE AGREEMENT DATED 23.8.2013
EXT. P6- A TRUE COPY OF THE COMMUNICATION DATED NIL
EXT. P7- A TRUE COPY OF THE COMMUNICATION DATED 4.1.2014
EXT. P8- A TRUE COPY OF THE REPLY DATED 9.1.2014
EXT. P9- A TRUE COPY OF THE COMMUNICATION DATED 13.1.2014
A TRUE COPY OF THE JUDGMENT DATED 16.1.2014 IN
EXT. P10-
WP(C) 1353/14
EXT. P11- A TRUE COPY OF THE PROCEEDINGS DATED 21.3.2014
EXT. P12- A TRUE COPY OF THE PROCEEDINGS DATED 21.4.2014
RESPONDENTS' EXHIBITS
TRUE COPY OF GOVERNMENT ORDER (MS) NO.19/2005/ITD
EXT. R4(A)
DATED 30.04.2005
WP(C) NO. 1676 OF 2015
TRUE COPY OF THE ABOVE COMMUNICATION NO.
EXT.R4(B)
AKS/TSR/68/2013 DATED 07.12.2013EXT
TRUE COPY OF THE PROCEEDINGS OF THE 3RD
EXT.R4(C)
RESPONDENT DATED 21.03.2014
TRUE COPY OF THE PROCEEDINGS OF THE 3RD
EXT.R4(D)
RESPONDENT DATED 21.04.2014
TRUE COPY OF THE REPRESENTATION MADE BY
EXT.R4(E) PETITIONER BEFORE THE 4TH RESPONDENT ON
27.04.2015
