Shyni.N vs Jyothish A.K
2021 Latest Caselaw 8925 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                      WP(C).No.21328 OF 2018(M)


PETITIONER:

               SHYNI.N,
               AGED 36 YEARS,
               W/O SHAJI, SHAJI MANZIL,
               VALAVUPACHA,
               VALAVUPACHA P.O.,
               KOLLAM, KOLLAM DISTRICT-691559.

               BY ADVS.
               SRI.P.K.MUHAMMED
               SRI.K.M.GEORGE

RESPONDENTS:

      1        JYOTHISH A.K,
               AMBIKAVILASOM,
               AMBALAMUKKU,
               KIZHAKKUMBHAGOM, CHITHARA P.O.,
               KOLLAM DISTRICT-691559.

      2        THE DISTRICT COLLECTOR,
               COLLECTORATE,
               KOLLAM-691013.

      3        KERALA STATE IT MISSION,
               AKSHAYA STATE PROJECT OFFICER,
               KOCHUMADATHIL BUILDING, TC.25/2251,
               MANJALIKULAM ROAD THAMPANOOR,
               THIRUVANANTHAPURAM-PIN-695001.

               R1 BY ADV.   SRI.K.SIJU
               R1 BY ADV.   SMT.S.SEETHA
               R1 BY ADV.   SMT.ANJANA KANNATH
               GOVERNMENT   PLEADER SMT. DEEPA NARAYANAN


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21328/2018(M)

                                    2




                              JUDGMENT

Dated this the 17th day of March, 2021

The petitioner is a house wife who applied for

selection for Akshaya Centre at Valavupacha, Kollam

District. The petitioner would contend that though she was

the most meritorious candidate for the Akshaya Centre at

Valavupacha, the 1st respondent who is a practising lawyer,

was illegally selected as Akshaya entrepreneur.

2. Aggrieved by selection of the 1st respondent, the

petitioner preferred Ext.P3 appeal before the 2nd

respondent-District Collector on 11.03.2017. The 2 nd

respondent issued Ext.P4 communication to the petitioner

stating that it has been decided to remove the 1 st

respondent from the select list, since the 1 st respondent is a

person practising as an Advocate. The petitioner

approached this Court seeking to compel the 3 rd respondent WP(C).No.21328/2018(M)

to dispose of the appeal filed by the 1 st respondent before

the 3rd respondent within a time frame.

3. The 2nd respondent filed a statement in the writ

petition. The learned Government Pleader submitted that

against Ext.P3 order an appeal has been preferred by the

1st respondent before the 3rd respondent and the said

appeal is pending. After hearing the parties, the 3 rd

respondent issued Ext.R2(a) communication to the 2nd

respondent informing the 2nd respondent that the 1st

respondent can be considered for Akshya Centre only if he

suspends his enrollment as an Advocate. The 2 nd

respondent was required to obtain an undertaking from the

1st respondent that he will get his enrollment suspended, if

selected for appointment.

4. The learned Government Pleader submitted that

though the 1st respondent was required to suspend his

enrollment and communicate to the respondents 2 and 3,

the 1st respondent has not so far came forward with any

proof of suspension of enrollment. WP(C).No.21328/2018(M)

5. In the circumstances, this Court deem it fit to

direct the respondents 2 and 3 to conclude the proceedings

for selection to the Akshya Centre in question without

further delay and within a period of 6 weeks.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.21328/2018(M)

APPENDIX OF WP(C) 21328/2018 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE APPLICATION FOR AKSHAYA ENTREPRENEUR.

EXHIBIT P2 TRUE PHOTOCOPY OF THE AKSHAYA RANK LIST.

EXHIBIT P3 TRUE PHOTOCOPY OF THE OBJECTION SUBMITTED BY PETITIONER DATED 01.03.2017 BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 3.5.2017.

EXHIBIT P5 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE PETITIONER BY THE 3RD RESPONDENT DATED 26.05.2017.

RESPONDENTS' EXHIBITS:

ANNEXURE R2(a) TRUE COPY OF THE ORDER No.477/2017/AKS/207 DATED 11.07.2017 FROM THE AKSAYA STATE PROJECT OFFICER ANNEXURE R2(b) TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) No.12239/17 DATED 23.05.2018