V.Keerthi Lal vs State Of Kerala
2022 Latest Caselaw 123 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                      WP(C) NO. 28566 OF 2020
PETITIONER:
           V.KEERTHI LAL, AGED 41 YEARS
           S/O.VELAYUDHAN PILLAI, VAYALI, VAYALIL NAGAR, KARICODE,
           T.K.M.C. P.O., KOLLAM-691 005.

          BY ADV B.MOHANLAL


RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
           ELECTRONICS AND INFORMATION TECHNOLOGY DEPARTMENT,
           SECRETARIAT, THIRUVANANTHAPURAM-695 001.

    2     THE DIRECTOR, AKSHAYA MISSION,
          GOVERNMENT OF KERALA, PUBLIC OFFICE BUILDING, MUSEUM,
          THIRUVANANTHAPURAM-695 033.

    3     THE DISTRICT COLLECTOR,
          COLLECTORATE, CIVIL STATION P.O., KOLLAM-691 013.

    4     THE TAHASILDAR,
          TALUK OFFICE, KOLLAM-691 001.

    5     THE VILLAGE OFFICER,
          KOLLAM WEST VILLAGE, KOLLAM-691 001.

          BY ADV GOVERNMENT PLEADER


          SMT.RESMI THOMAS G.P.

           SRI K.B ARUN KUMAR S.C


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2022, ALONG WITH WP(C).13015/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 [WP(C) Nos.28566/2020, 13015/2021]
                                 2

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                      WP(C) NO. 13015 OF 2021
PETITIONER:
           V.KEERTHI LAL, AGED 41 YEARS
           S/O. VELAYUDHAN PILLAI, VAYALI, VAYALIL NAGAR,
           KARICODE, T.K.M.C. P.O. KOLLAM 691 005.

          BY ADV B.MOHANLAL
RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
           ELECTRONICS AND INFORMATION TECHNOLOGY, DEPARTMENT,
           SECRETARIAT, THIRUVANANTHAPURAM 695 001.

    2     THE DIRECTOR , AKSHAYA MISSION, GOVERNMENT OF KERALA,
          PUBLIC OFFICE BUILDING, MUSEUM, THIRUVANANTHAPURAM 695
          033.

    3     THE DISTRICT COLLECTOR,
          COLLECTORATE, CIVIL STATION P.O. KOLLAM 691 013.

    4     THE TAHSILDAR, TALUK OFFICE, KOLLAM 691 001.

    5     THE VILLAGE OFFICER, KOLLAM WEST VILLAGE, KOLLAM 691
          001.

    6     THE ASSISTANT EXECUTIVE ENGINEER,
          THE KERALA STATE ELECTRICITY BOARD LIMITED, CANTONMENT,
          KOLLAM 691 001.

    7     THE KERALA STATE ELECTRICITY BOARD LIMITED,
          REPRESENTED BY ITS SECRETARY, VYAIDHUTHIBHAVAN, PATTOM
          P.O. THIRUVANANTHAPURAM 695 004.

          BY ADV GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2022, ALONG WITH WP(C).28566/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 [WP(C) Nos.28566/2020, 13015/2021]
                                      3

                               JUDGMENT

The petitioner says that he is a small

entrepreneur, who is presently running a "Help

Desk" on the sanction of the District

Collector, under the aegis of the "Akshaya

Project". He says that he was granted

permission to set up the "Help Desk" through

Ext.P2 proceedings of the District Collector

and that Ext.P3 Memorandum of Understanding

(wrongly shown as Memorandum of Undertaking)

was entered into between them on 19.04.2013.

2. The petitioner asserts that he has been

running the "Help Desk" without any complaint

for the last several years, but that while so,

he was abruptly issued with Ext.P10 order

asking to remit an amount of Rs.42,509/-,

allegedly being the "lease amount" for the area

occupied by him and further terminating his

"Help Desk" without assigning any reason.

3. The petitioner says that when one reads [WP(C) Nos.28566/2020, 13015/2021]

Ext.P10 very closely, the only reason stated by

the District Collector is that, as per Ext.P11

Government Order, no part of the Village Office

could have been given on rent to anyone,

including the petitioner. He asserts that, as

is evident from Exts.P2 and P3, no part of the

Village Office has been assigned or leased out

to him and that he was only permitted to set up

a "Help Desk", as a service provider to the

general public under the 'Akshaya Project'. He

says that, therefore, Ext.P10 is egregiously

improper and issued without proper application

of mind.

4. The petitioner adds that while so, the

building in which he was allowed to set up his

"Help Desk" - namely in the Varandha of the

West Village Office - was sought to be

demolished and that this was a method for

ousting him, which constrained to approach this

Court by filing the afore WP(C) No.13015 of [WP(C) Nos.28566/2020, 13015/2021]

2021. He says that he did so after preferring

Ext.P9 representation before the District

Collector, requesting that he be allowed to

continue the "Help Desk", when the office is

shifted to the new building. He says that

since no action was taken on Ext.P9, he has

been left without any other option, but to

approach this Court.

5. Sri.B.Mohanlal - learned counsel for

the petitioner, further explained his client's

case saying that, by an interim order dated

22.12.2020 in WP(C) No.28566 of 2020, his

client has remitted the amounts mentioned in

Ext.P10 and that, on such basis, he has been

continuing to run the "Help Desk" in the

Varandha of the West Village Office. He argued

that it is to frustrate this interim order that

the structures of the West Village Office have

been hastily demolished, thus ousting his

client and rendering his reliefs infructuous. [WP(C) Nos.28566/2020, 13015/2021]

The learned counsel, therefore, prayed that

Ext.P10 in WP(C) No.28566 of 2020 be set aside

and that the District Collector be directed to

accommodate his client in the new building,

when the Village Office is shifted.

6. The afore submissions of the petitioner

were answered by the learned Government Pleader

- Smt.Resmi Thomas, pointing out that, in

Ext.P3 Memorandum of Understanding between the

parties, right has been reserved to the

District Collector to terminate the "Help Desk"

at any time without assigning any reason. She

invited my attention to the last Clause of

Ext.P3 in substantiation and submitted that

said Authority had no other option but to issue

Ext.P10 because, as has already been stated by

the petitioner, in Ext.P11 Government Order, it

has been mandated that no part of the Village

Office could have been granted on lease or rent

to any person, including the petitioner. She, [WP(C) Nos.28566/2020, 13015/2021]

therefore, prayed that this writ petition be

dismissed.

7. Smt.Divya.T.P. - learned counsel

representing Sri.Arunkumar - learned Standing

Counsel for the KSEB - which has been arrayed

as the 6th respondent in WP(C) No.13015 of 2021

- submitted that the electricity connection to

the petitioner's "Help Desk" has not yet been

disconnected, but that they will have to abide

by any direction to be given to them for such

purpose by the District Collector. She

submitted that, therefore, no further orders be

issued against her client.

8. In reply, Sri.B.Mohanlal submitted

that, whatever be the covenants of Ext.P3, the

"Help Desk" being run by his client can be

terminated only in terms of Ext.P8 Government

Order dated 30.10.2019, produced in WP(C)

No.28566 of 2020. He argued that as per Clause

6 of the said Government Order, there is a [WP(C) Nos.28566/2020, 13015/2021]

clear procedure to be followed before the "Help

Desk" can be terminated, particularly because

this was intended to help small entrepreneurs

like his client under a Government Policy which

led to the "Akshaya Project". He, therefore,

reiteratingly prayed that Ext.P10 in the said

writ petition be set aside and the District

Collector be directed to reconsider the entire

matter, taking note of his client's pathetic

condition.

9. When I evaluate the afore submissions,

it is prima facie discernible, that through

Ext.P2, the petitioner has not been given any

lease or licence in the Village Office, but he

has been only allowed to set up a "Help Desk",

so as to provide necessary services to general

public under the "Akshaya Project". Further,

as per Memorandum of Understanding, the

petitioner has been given only a small space of

3 X 1.2 metres in the Varandha of the Kollam [WP(C) Nos.28566/2020, 13015/2021]

West Village Office on its western side, but it

does not mention anything about a lease or a

rent having been fixed therein. I, therefore,

fail to understand how the District Collector

has issued Ext.P10 in WP(C) No.28566 of 2020

saying that the "Help Desk" requires to be

terminated because of Ext.P11 Government Order,

which prohibits the grant of lease of any part

of the Village Office to any person. Since

Exts.P2 and P3 in WP(C) No.28566 of 2020 do not

provide for any lease arrangement, I cannot

fathom the mentation of the District Collector

in having issued Ext.P10 in the manner as it is

presently done.

10. Of course, in Ext.P10, the District

Collector has also directed the petitioner to

remit an amount of Rs.42,509/- under the afore

assumption and I notice that this has been

honoured by the petitioner as per the

aforementioned interim order. However, as I [WP(C) Nos.28566/2020, 13015/2021]

have already said above, the question really is

whether petitioner has been given the area in

question under lease and this is not clear from

Exts.P2 and P3 produced in WP(C) No.28566 of

2020, in any manner whatsoever.

11. In the afore perspective, merely

because Ext.P2 reserves the right to the

District Collector to terminate the "Help Desk"

without assigning any reason, I do not think

that he can be allowed to do so without

following the basic principles of natural

justice, as is also enjoined in Ext.P8

Government Order. When the said Government

Order makes it clear that a "Help Desk" can be

terminated only after following a particular

procedure, I do not think the District

Collector can take advantage of the covenants

in Ext.P3 and disregard the same, to issue an

order akin to Ext.P10.

12. That said, the petitioner's [WP(C) Nos.28566/2020, 13015/2021]

apprehension in WP(C) No.13015 of 2021 is that

when the West Village Office is demolished and

shifted to a new premises, his "Help Desk" will

not be permitted to be set up there. It is for

such purpose that he has preferred Ext.P9

representation therein.

13. In the afore circumstances, I order

these writ petitions in the following manner:

a) WP(C) No.28566 of 2020 is disposed of

with a direction to the District Collector to

hear the petitioner and take a final decision

as to its continuation, either in the present

place or in an apposite place in the new

building to which the office is sought to be

shifted. I, however, make it clear that the

District Collector will be at liberty to fix an

appropriate user charge for the premises

alloted or to be alloted to the petitioner, but

without construing it to be a lease or rent.

Needless to say, he also be at liberty to [WP(C) Nos.28566/2020, 13015/2021]

terminate the "Help Desk", however, only after

following the procedure under Ext.P8 Government

Order.

(b) In view of the above directions, I set

aside Ext.P10 to the extent to which it orders

termination of the "Help Desk", but confirming

the demand for an amount of Rs.42,509/-

mentioned therein, since this has already been

honoured by the petitioner.

c) Needless to say, until such time, as

the District Collector takes a final decision

as above, the electric connection to the

petitioner's premises shall not be

disconnected.

d) WP(C) No.13015 of 2021 is closed,

without any further orders in view of the

afore.

Sd/-

DEVAN RAMACHANDRAN SAS/11/01/2022 JUDGE [WP(C) Nos.28566/2020, 13015/2021]

APPENDIX OF WP(C) 13015/2021

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER NO.

AKSHAYA/KIM/457/203/2011 DATED 16/04/2013 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P2 THE TRUE COPY OF THE MEMORANDUM OF UNDERTAKING (MOU) DATED 19/04/2013 EXECUTED BY THE PETITIONER WITH THE 3RD RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE ORDER NO. B5-22330/16 DATED 27/01/2017 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

Exhibit P4 THE TRUE COPY OF THE MEMORANDUM OF UNDERTAKING (MOU) DATED NIL EXECUTE BY THE PETITIONER WITH THE 3RD RESPONDENT AS PER EXT. P3.

Exhibit P5 THE TRUE COPY OF THE ORDER DATED NO. L2-

10127/19 DATED 01/12/2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P6 THE TRUE COPY OF THE ORDER NO. 22/12/2020 IN WPC NO. 28566/2020 OF THIS HONBLE COURT.

Exhibit P7 THE TRUE COPY OF THE RECEIPT DATED 23/12/2020 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

Exhibit P8 THE TRUE COPY OF THE RECEIPTS ISSUED BY THE 6TH RESPONDENT IN CONSUMER.

Exhibit P9 THE TRUE COPY OF THE APPLICATION DATED 15/06/2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT AND TO THE RESPONDENT 4 AND 5 AND ITS POSTAL RECEIPT DATED 18/06/2021.

Exhibit P10 THE TRUE COPY OF THE APPLICATION DATED 15/06/2201 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT AND ITS POSTAL RECEIPT DATED 18.06.2021.

[WP(C) Nos.28566/2020, 13015/2021]

APPENDIX OF WP(C) 28566/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE APPLICATION DATED 23.04.2012 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P2 THE TRUE COPY OF THE ORDER NO.AKSHAYA/KLM/457/203/2011 DATED 16.04.2013 EXECUTED BY THE PETITIONER BY THE 3RD RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF THE MEMORANDUM OF UNDERTAKING (MOU) DATED 19.04.2013 EXECUTED BY THE PETITIONER WITH THE 3RD RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE APPLICATION DATED 23.09.2016 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE REPORT DATED 03.10.2016 SUBMITTED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P6 THE TRUE COPY OF THE ORDER NO.B5-22330/16 DATED 27.01.2017 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P7 THE TRUE COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER.

EXHIBIT P8 THE TRUE COPY OF THE GO(K)NO.24/2019/E & C DEPARTMENT DATED 30.10.2019 ISSUED BY THE GOVERNMENT.

EXHIBIT P9 THE TRUE COPY OF THE GO(K)NO.26/2019/E & C DEPARTMENT DATED 07.11.2019 ISSUED BY THE GOVERNMENT.

EXHIBIT P10 THE TRUE COPY OF THE ORDER NO.L2-10127/19 DATED 01.12.2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

[WP(C) Nos.28566/2020, 13015/2021]

EXHIBIT P11 THE TRUE COPY OF THE GO(P)NO.16/2020/RD DATED 15.02.2020 ISSUED BY THE GOVERNMENT.

EXHIBIT P12 THE TRUE COPY OF THE CIRCULAR NO.55028/L3/2008/REVENUE DATED 29.08.2009 ISSUED BY THE PRINCIPAL SECRETARY, REVENUE (L) DEPARTMENT, GOVERNMENT OF KERALA.

EXHIBIT P13 THE TRUE COPY OF THE FEE STRUCTURE FOR THE AKSHAYA HELP DESK PUBLISHED BY THE GOVERNMENT.

RESPONDENTS' EXHIBITS:

EXHIBIT R3A TRUE COPY OF THE G.O.(P)NO.16/20/RD DATED 15.02.2020

EXHIBIT R3B TRUE COPY OF CIRCULAR NO.L3/55028/2008 REV DATED 29.08.2009

EXHIBIT R3C TRUE COPY OF PROCEEDINGS NO.DCKLM/10482/19/E3 DATED 14.06.2021