A.M. Hameedkutty vs The Director
2022 Latest Caselaw 2367 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
                      WP(C) NO. 29298 OF 2018
PETITIONER:

            A.M. HAMEEDKUTTY,
            AGED 52 YEARS
            S/O ABDURAHIMAN, EXCEL APPARTMENT, KOTTOR,
            SREEKANDAPURAM P.O., KANNUR-670631.
            BY ADVS.
            SRI.RAFEEK. V.K.
            SRI.K.MOHANAKANNAN

RESPONDENTS:

    1       THE DIRECTOR,
            AKSHAYA STATE PROJECT OFFICE, KOCHUMADATHIL
            BUILDING, T.C.25/2241, MANJALIKULAM ROAD,
            THAMPANOOR, THIRUVANANTHAPURAM-695001.
    2       THE DISTRICT COLLECTOR (CHIEF CO-ORDINATOR,
            AKSHAYA),
            KANNUR-670001.
    3       THE DISTRICT PROJECT MANAGER (DPM),
            AKSHAYA, 5TH FLOOR, RUBCO HOUSE, KANNUR-670002.
    4       ASSISTANT DISTRICT COORDINATOR,
            AKSHAYA, DISTRICT PROJECT OFFICE, 5TH FLOOR, RUBCO
            HOUSE, KANNUR-670002.
    5       THE MUNCIPAL SECRETARY,
            SREEKANDAPURAM MUNCIPALITY, SREEKANDAPURAM P.O.,
            KANNUR-670631.
    6       ANUSHA JOSEPH,
            D/O JOSEPH, NAGONIL KUNNUMPURATH, KALICHANADUKKAM
            P.O., NILESWARAM, KASARGODE-671314, DIVYA JAMES,
            D/O O.V. JAMES, OTHIRAKUDISSIMACKAL,
            CHUNDAPARAMABA, NEDUNGOME P.O., KANNUR-670631.
            BY ADV.SMT.DEEPA NARAYANAN, GOVERNMENT PLEADER

     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   02.03.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.29298/2018

                                     2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.29298 of 2018
              ----------------------------------------------
            Dated this the 02nd day of March, 2022


                            JUDGMENT

This writ petition is filed with following prayers:

i. Issue writ of mandamus or any other writ order or direction, directing the respondent No.1, to investigate the license transfer of Akshaya Centre (KNR 076) and invalidate the illegal transfer made to the 7th respondent by the 6th respondent. ii. Issue a writ of certiorari or any other appropriate writ order or direction calling for the originals relating to Exts.P12 Agenda-8-B-1473/18 dated 03.3.2018 and quash the same issued by the 5 th Respondent.

iii. Issue writ of mandamus or any other writ order or direction, directing the 1st Respondent to consider the Ext.P13 Complaint.

iv. To grant such other relief which this Hon'ble Court may deemed fit under the circumstances.

(SIC)

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that in W.P.

(C). No.13286 of 2021, this Court issued directions to the W.P.(C).No.29298/2018

District Collector to consider the grievance of the petitioner in

that writ petition, after giving an opportunity of hearing. The

learned counsel for the petitioner submitted that he is also

aggrieved by the functioning of this Akshaya Cenra and he

also may be given an opportunity of hearing.

3. I also heard the learned Government Pleader.

4. After hearing both sides, this Court is of the view

that this writ petition can be disposed of directing the 2 nd

respondent to give an opportunity of hearing to the petitioner

also while deciding the matter as directed by this Court in W.P.

(C). No.13286 of 2021.

Therefore, this writ petition is disposed of directing the

2nd respondent to give an opportunity of hearing to the

petitioner also while deciding the matter as directed in the

judgment dated 10.02.2022 in W.P.(C). No.13286 of 2021.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.29298/2018

APPENDIX OF WP(C) 29298/2018 RESPONDENT ANNEXURES ANNEXURE R2(A) TRUE COPY OF THE REPORT OF THE SREEKANDAPURAM POLICE PETITIONER EXHIBITS EXHIBIT P1 THE PHOTOCOPY OF THE LICENSE GIVEN TO THE PETITIONERS AKSHAYA CENTER WITH CSC.ID NO.KL011300314 EXHIBIT P2 THE PHOTOCOPY OF THE LETTER DATED 12.11.2008 BY THE ASST. DISTRICT CO- ORDINATOR EXHIBIT P3 THE PHOTOCOPY OF THE CERTIFICATE OF EXCELLENCE FOR BEING THE TOPPER IN FILLING E-DISTRICT APPLICATIONS EXHIBIT P4 THE PHOTOCOPY OF THE APPROVAL GIVEN BY THE PANCHAYATH DATED 29.9.2015 FOR SHIFTING THE AKSHAYA CENTRE EXHIBIT P5 THE PHOTOCOPY OF THE OBSERVATION WAS NOTED IN THE VISITOR BOOK OF THE PETITIONERS CENTRE ON 26.8.2016 BY AKSHAYA BLOCK CO-ORDINATOR EXHIBIT P6 THE PHOTOCOPY OF THE GOVERNMENT ORDER G.O(RT) NO.171/2013/ITD DATED 20.7.2013 EXHIBIT P7 THE PHOTOCOPY OF THE REPRESENTATION GIVEN TOT HE 2ND RESPONDENT DATED 28.7.2018 EXHIBIT P8 THE PHOTOCOPY OF THE JUDGMENT IN WPC.28139/2018 DATED 21.8.2018 EXHIBIT P9 THE PHOTOCOPY OF THE RTI REPLY DATED 3.5.2018 EXHIBIT P10 THE PHOTOCOPY OF THE RTI APPLICATION DATED 29.7.2018 EXHIBIT P11 THE PHOTOCOPY OF THE RTI REPLY DATED 21.8.2018 EXHIBIT P12 PHOTOCOPY OF THE MINUTES OF THE MEETING DATED 3.3.2018 OF THE SREE KANDAPURAM MUNICIPALITY EXHIBIT P13 THE PHOTOCOPY OF THE COMPLAINT TO THE 1ST RESPONDENT DATED 30.8.2018 Exhibit P19` TRUE COPY OF JUDGMENT DATED 10.02.2022 IN W.P.(C) NO.13286 OF 2021.