Arun K.R vs State Of Kerala
2021 Latest Caselaw 19970 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                       WP(C) NO. 18850 OF 2017
PETITIONER:

          ARUN K.R., AGED 27 YEARS
          S/O RADHAKRISHNAN K.N., KANJIRAKAVIL HOSUE,
          ARIKUZHA P.O., THODUPUZHA,IDUKKI DISTRICT.

          BY ADVS.
          SRI.C.N.SREEKUMAR
          SRI.ANIL PRASAD
          SMT.MANJU PAUL
          SRI.G.MANU KRISHNAN
          SRI.SABU P.JOSEPH



RESPONDENTS:

    1     STATE OF KERALA, REPRSENTED BY SECRETARY,
          DEPARTMENT OF INFORMATIONTECHNOLOGY,
          SECRETARIAT, THIRUVANANTHAPURAM.

    2     KERALA STATE IT MISSION
          REPRESENTED BY ITS DIRECTOR, ICT CAMPUS,
          VELLAYAMBALAM, THIRUVANANTHAPURAM-695003.

    3     DIRECTOR
          AKSHAYA STATE PROJECT OFFICE,
          KOCHIMADATHIL BUILDING, T.C.25/2241,
          MANJALIKULAM ROAD,THAMPANOOR,
          THIRUVANANTHAPURAM-695001.

    4     THE DISTRICT COLLECTOR
          COLLECTORATE, KUYIMALA IDUKKI-685603.

    5     DISTRICT PROJECT MANAGER
          DISTRICT OFFICE, AKSHAYA, CIVIL STATION,
          PAINAVU,KUYILIMALA P.O., IDUKKI-685603.

    6     DISTRICT COORDINATOR
          DISTRICT OFFICE, AKSHAYA, CIVIL STATION,
          PAINAVU,KUYILIMALA P.O., IDUKKI-685603.
 WP(C) NO. 18850 OF 2017      ..2..




   7      MANAKAD GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY,
          PUTHUPPARIYARAM P.O.,THODUPUZHA,
          IDUKKI-685584.

   8      PARAPPUZHA GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY,
          PURAPUZHA,IDUKKI-685586.

   9      LIJU MANUEL
          AKSHAYA E-CENTRE, CHENDAYILIL BUILDING,
          VAZHITHALA P.O., IDUKKI DISTRICT-685583.

          BY ADVS.
          GOVERNMENT PLEADER SRI.K.M.FAISAL
          SRI.AJITH VISWANATHAN
          SRI.M.H.HANIL KUMAR
          SRI.JAYASANKAR.G
          SRI.SHYSON P.MANGUZHA, SC, PURAPUZHA GRAMA
          PANCHAYATH
          SRI.P.VISWANATHAN



       THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 18850 OF 2017      ..3..




                        JUDGMENT

The dispute relates to the setting up and running

of Akshaya e-Centre at Vazhithala location of Manakkad

Grama Panchayath.

2. The Kerala State IT Mission under the

Department of Information Technology, Government of

Kerala, is the nodal agency to create and run Common

Service Centers to provide Government services to the

public under the brand name 'Akshaya'. The Information

Technology Department, on the basis of a survey

conducted through facilitators and field staff of Akshaya

Project and the Local Self Government Institutions

(LSGI), identified 1173 locations in 413 LSGIs for

setting up Akshaya e-Centres in 6 Districts including

Idukki. As per Ext.P2 list of approved locations WP(C) NO. 18850 OF 2017 ..4..

appended to Ext.P1 Government Order, Vazhithala in

Manakkad Grama Panchayath is one such location and

Purappuzha Kavala in Purappuzha Grama Panchayath is

another location, both adjacent Panchayats in Idukki

District.

3. According to the petitioner, he was selected as

Akshaya-e-Centre entrepreneur for Vazhithala location

of Manakkad Grama Panchayath. Since at that time,

another Akshaya e-Centre run by the 9 th respondent

was functioning at Vazhithala, the 7th respondent

Manakkad Grama Panchayath directed the petitioner to

re-locate his Akshaya e-Centre to Arikuzha temporarily

till the 9th respondent re-locates his Akshaya e-Centre to

Purappuzha Kavala, where it was originally allotted and

located.

4. Later, by Ext.P6 resolution, the Manakkad

Grama Panchayath took a decision that, the Akshaya e-

WP(C) NO. 18850 OF 2017 ..5..

Centre allotted at Vazhithala location of Manakkad

Grama Panchayath shall start functioning at the

originally allotted location at Vazhithala and resolved to

request the District Co-ordinator of Akshaya Project,

the 6th respondent, to take necessary steps to re-locate

the Akshaya e-Centre run by the petitioner at Arikuzha

to Vazhithala.

5. According to the petitioner, while he was taking

steps to re-locate his Akshaya e-Centre from Arikuzha to

Vazhithala in terms of Exts.P1 Government Order and

P6 resolution, the same was restrained by the District

Project Manager, the 5th respondent, by Ext.P10 letter

stating that the centre cannot be shifted without the

permission of the 5th respondent. Thereafter, the

petitioner has received Ext.P11 letter from the 6th

respondent to remove the display board placed by the

petitioner at Akshaya e-Centre, Vazhithala.

WP(C) NO. 18850 OF 2017 ..6..

6. Aggrieved thereby, the petitioner approached

the District Collector, the 4th respondent who is the

Chief Co-ordinator of Akshaya in the District by

Exts.P12 and P13 representations. Since there was no

response from the 4th respondent, the petitioner has

approached this Court for a direction to the

respondents to allow the petitioner to function the

Akshaya e-Centre at Vazhithala at Manakkad

Panchayath, and to declare that the location identified

for Akshaya e-Centre at Vazhithala, Manakkad

Panchayath is sanctioned to the petitioner to him to

establish and function the Akshaya e-Centre.

7. A counter affidavit has been filed by the 9 th

respondent stating that he is running the Akshaya e-

Centre at Vazhithala from 2008 onwards in an

exemplary manner and the petitioner has prevailed

upon the 7th respondent Panchayath to carry Ext.P6 WP(C) NO. 18850 OF 2017 ..7..

resolution. According to him, the 7 th respondent has no

authority to pass a resolution in the nature of Ext.P6

and the 9th respondent cannot be asked to shift his

Akhaya e-Centre from Vazhithala from where it has

been functioning since 2008. It is also stated that the

dispute regarding running of Akhaya e-Centre at

Vazhithala is pending consideration of the District

Collector. The 9th respondent also relied on Ext.R9(11)

judgment dated 12.06.2014 in W.P.(C)No.27767/2013,

wherein, in a similar situation, this Court held that the

person who has been running the Akshaya e-Centre for

several years after investing several lakhs of rupees

shall not be asked to shift the business to another

location again, merely for the reason that another

person was appointed as agent for conducting the

Akshaya e-Centre at that place.

WP(C) NO. 18850 OF 2017 ..8..

8. The 5th respondent, the District Project Manager,

has filed a counter affidavit stating that Vazhithala

location is situated at the boundary of both Manakkad

and Purappuzha Grama Panchayaths and the 9 th

respondent was selected as the entrepreneur at

Purappuzha Kavala location and that ward Nos.1 to 12

of Purappuzha Grama Panchayath have been allotted to

Purappuzha Kavala location and the Akashaya e-Centre

at Vazhithala run by the 9th respondent is located within

the aforesaid 12 wards. It is further stated that the

District Collector/Chief Co-ordinator of Akshaya e-

Centre had conducted a hearing on 28.06.2017 to

resolve the dispute regarding running of Akshaya e-

Centre at Vazhithala location; but deferred decision due

to the pendency of the writ petition by directing the

parties to maintain status quo as regards both the

centres till disposal of this writ petition.

WP(C) NO. 18850 OF 2017 ..9..

9. Heard Sri.C.N.Sreekumar, learned Counsel for

the petitioner, Sri.Shibu Joseph, learned Counsel for the

9th respondent, Sri.Shyson P.Manguzha, the learned

Counsel for the 8th respondent and Sri.K.M.Faisal, the

learned Government Pleader representing respondents

1 to 6.

10. I have also perused the counter affidavits filed

by respondents 5,7 and 9.

11. Since it is submitted by both sides that the

District Collector, who is the Chief Co-ordinator of

Akshaya e-Centre, has heard the parties pursuant to

Exts.P12 and P13 with regard to the dispute regarding

functioning of the Akshaya e-Centre at the Vazhithala

location, this Court is of the view that the dispute can

be given a quietus, if the District Collector takes a

decision in the matter. Though the District Collector

heard the parties, no decision was taken for the reason WP(C) NO. 18850 OF 2017 ..10..

that the writ petition is pending before this Court.

Accordingly, the writ petition is disposed of with a

direction to the District Collector to hear the petitioner,

respondents 7, 8 and 9 and the District Project

Manager, the 5th respondent and any other authority or

person, whom the District Collector deems it

appropriate to be heard, and take a decision with

regard to the Entrepreneurship/running/functioning of

the Akshaya e-Centre at the Vazhithala location. The

writ petitioner shall produce a copy of the writ petition

with Exhibits before the District Collector along with a

certified copy of this judgment. Parties are free to

produce all the documents they feel relevant in support

of their claim before the District Collector. The District

Collector can also call for records relating to the matter

from the officers concerned and shall pass an order

within a period of two months from the date of receipt WP(C) NO. 18850 OF 2017 ..11..

of a certified copy of this judgment. Till such time,

status quo as regards both the centres shall be

maintained. No order as to costs.

Sd/-

                          MURALI PURUSHOTHAMAN
                                   JUDGE
SB/25/09/2021
 WP(C) NO. 18850 OF 2017     ..12..



               APPENDIX OF WP(C) 18850/2017


PETITIONER EXHIBITS

EXHIBIT P1:     TRUE COPY OF G.O.(M.S)        NO.18/2007/ITD
                DATED 9.8.2007.

EXHIBIT P2:     TRUE COPY OF THE RELEVANT PAGE OF THE

APPROVED LIST OF AKSHAYA E-CENTRES IN IDUKKI DISTRICT.

EXHIBIT P3: TRUE COPY OF THE INTIMATION LETTER DATED 29.12.2012.

EXHIBIT P4: TRUE COPY OF THE COMPLIANCE CERTIFICATE ISSUED BY THE ASSISTRANT DISTRICT COORDINATOR.

EXHIBIT P5: TRUE COPY OF THE AGREEMENT DATED 29.5.2013 EXECUTED BETWEEN THE PETITIONER AND DISTRICT COLLECTOR, IDUKKI.

EXHIBIT P6: TRUE COPY OF THE LETTER NO.A5-2417/16 DATED 3.9.2016 BY THE SECRETARY, MANAKKAD GRAMA PANCHAYATH.

EXHIBIT P7: TRUE COPY OF THE RENTAL AGREEMENT DATED 29.3.2017 FOR THE PROPERTY RENT OUT BY THE PETITIONER AT VAZHITHALA.

EXHIBIT P8: TRUE COPY OF THE NOTICE OF INVITATION PUBLISHED IN CONNECTION WITH THE INAUGURATION OF THE AKSHAYA E-CENTRE AT VAZHITHALA.

EXHIBIT P9: TRUE COPY OF THE CERTIFICATE ISSUED BY CSC E-GOVERNANCE SERVICES INDIA LIMITED, MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY.

EXHIBIT P10:    TRUE      COPY       OF   THE         LETTER
 WP(C) NO. 18850 OF 2017     ..13..

NO.033/AKS/IDK/2007 DATED 27.5.2017 ISSUED BY THE DISTRICT PROJECT MANAGER, AKSHYA ROJECT.

EXHIBIT P11: TRUE COPY OF THE LETTER NO.033/AKS/IDK/2007 DATED 29.5.2017 ISSUED BY THE DISTRICT COORDINATOR, AKSHAYA PROJECT.

EXHIBIT P12: TRUE COPY OF THE PETITION DATED 29.5.2017 SUBMITTED BEFORE THE DISTRICT COLLECTOR CHALLENGING EXT.P10 AND 11

EXHIBIT P13: TRUE COPY OF THE PETITION DATED 29.5.2017 SUBMITTED BEFORE THE DISTRICT COLLECTOR.

EXHIBIT P14: TRUE COPY OF THE PETITION DATED 29.5.2017 SUBMITTED BEFORE THE DISTRICT PROJECT MANAGER, AKSHAYA PROJECT.

EXHIBIT P15: TRUE COPY OF THE ORDER G.O(RT) NO.210/2014/ITD DATED 26.9.2014.

EXHIBIT P16: TRUE COPY OF THE G.O(MS)NO.24/2019/ITD DATED 30.10.2019

RESPONDENTS EXHIBITS

EXHIBIT R9(1) THE TRUE COPY OF THE COMPLIANCE LETTER DATED 31.03.2008 ISSUED BY THE 5TH RESPONDENT

EXHIBIT R9(2) THE TRUE COPY OF THE RENTAL AGREEMENT DATED 01.11.2009

EXHIBIT R9(3) THE TRUE COPY OF THE CERTIFICATE OF RECOGNITION ISSUED BY THE DISTRICT COLLECTOR, IDUKKI

EXHIBIT R9(4) THE TRUE COPY OF THE AKSHAYA ENTERPRENEUR IDENTITY CARD OF THE 9TH RESPONDENT WP(C) NO. 18850 OF 2017 ..14..

EXHIBIT R9(5) THE TRUE COPY OF THE CERTIFICATE DATED 10.06.2013 ISSUED BY THE 8TH RESPONDENT

EXHIBIT R9(6) THE TRUE COPY OF THE CERTIFICATE DESIGNATING THE AKSHAYA E-CENTRE RUN BY THE 9TH RESPONDENT AT VAZHITHALA AS THE COMMON SERVICE CENTRE UNDER THE DIGITAL INDIA PROJECT BY THE MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY, GOVERNMENT OF INDIA

EXHIBIT R9(7) THE TRUE COPY OF THE RECEIPT DATED 28.02.2017

EXHIBIT R9(8) THE TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 13.08.2013 ISSUED BY THE 8TH RESPONDENT IN RESPECT OF THE BUILDING IN WHICH AKDHAYA E-CENTRE RUN BY THE 9TH RESPONDENT

EXHIBIT R9(9) THE TRUE COPY OF THE LEASE AGREEMENT DATED 01.10.2016

EXHIBIT R9(10) THE TRUE COPY OF THE DECISION NO.X IN THE MEETING OF THE 8TH RESPONDENT HELD ON 02.03.2017

EXHIBIT R9(11) THE TRUE COPY OF THE JUDGMENT DATED 12.06.2014 PASSED BY THIS HON'BLE COURT IN W.P.C.NO.27767 OF 2013

EXHIBIT R9(12) THE TRUE COPY OF THE AGREEMENT DATED 2.2.12 ENTERED INTO BETWEEN THE 9TH RESPONDENT AND THE 8TH RESPONDENT.