Citation : 2022 Latest Caselaw 5871 Ker
Judgement Date : 31 May, 2022
WP(C) No.15702/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Tuesday, the 31st day of May 2022 / 10th Jyaishta, 1944
WP(C) NO. 15702 OF 2022(K)
PETITIONER:
A.H.HAMEEDKUTTY, AGED 55 YEARS, S/O. ABDURAHIMAN, RESIDING AT EXCEL
APARTMENTS, KOTTOOR, SREEKANDAPURAM P.O., KANNUR 670
631,ENTREPRENEUR OF KNRO75 AKSHAYA CENTRE, BUILDING NO. 26/1779 &
26/1742, SREEKANDAPURAM, SREEKANDAPURAM P.O., KANNUR 670 631.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE
GOVERNMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2. DEPARTMENT OF ELECTRONICS AND INFORAMTION TECHNOLOGY, REPRESENTED BY
THE SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
3. DEPARTMENT OF LOCAL SELF GOVERNMENT, REPRESENTED BY THE SECRETARY TO
THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
4. THE DIRECTOR, AKSHAYA PROJECT, AKSHAYA STATE PROJECT OFFICE,
VRINDAVAN GARDENS, POTTAKUZHI, PATTOM P.O., THIRUVANANTHAPURAM 695
001.
5. THE DISTRICT COLLECTOR, (DISTRICT CHIEF COORDINATOR OF AKSHAYA &
CHAIRMAN OF DISTRICT E- GOVERNANCE SOCIETY), COLLECTORATE, KANNUR
670 002.
6. THE DEPUTY COLLECTOR (GENERAL), COLLECTORATE, KANNUR, 670 002.
7. THE ASSISTANT DISTRICT COORDINATOR & THE DISTRICT PROJECT MANAGER,
AKSHAYA DISTRICT PROJECT OFFICE, RUBCO BUILDING, KANNUR 670 002.
8. THE SECRETARY, SREEKANDAPURAM MUNICIPALITY, MUNICIPAL OFFICE,
SREEKANDAPURAM P.O., KANNUR 670 631.
9. MITHUN KRISHNA, AGE NOT KNOWN TO THE PETITIONER, FATHER'S NAME NOT
KNOWN TO THE PETITIONER, THE ASSISTANT DISTRICT COORDINATOR AND THE
DISTRICT PROJECT MANAGER, AKSHAYA DISTRICT PROJECT OFFICE, RUBCO
BUILDING, KANNUR 670 002.
10. PRAVEEN A., AGE NOT KNOWN TO THE PETITIONER,FATHER'S NAME NOT KNOWN
TO THE PETITIONER, THE SECRETARY OF SREEKANDAPURAM MUNICIPALITY,
MUNICIPAL OFFICE, SREEKANDAPURAM, KANNUR 670 631.
11. DIVYA JAMES, KNR076 AKSHAYA CENTRE, PRESENTLY FUNCTIONING OFFICE AT
SREEKANDAPURAM TOWN, SREEKANDAPURAM P.O., KANNUR 670 631.
WP(C) No.15702/2022 2/4
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct respondents 5 to 8 to keep in abeyance all the
proceedings pursuant to Exhibit P19 and P20 orders and to permit the
petitioner to continue functioning his Akshaya Centre at Sreekandapuram,
Kannur district, pending disposal of this writ petition.
This petition coming again on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
10.05.2022 and upon hearing the arguments of SRI.MANAS P HAMEED, Advocate
for the petitioner and of GOVERMENT PLEADER for R1 to R7, SRI.
T.V.JAYAKUMAR NAMBOODIRI, STANDING COUNSEL for respondent 8, the court
passed the following:-
P.T.O.
WP(C) No.15702/2022 3/4
V.G.ARUN, J.
============================
W.P.(C) No.15702 of 2022
---------------------------
Dated this the 31st day of May, 2022
ORDER
Await return of notice on R9 to R11.
Adv.T.V.Jayakumar Namboodiri appearing for the the 8th
respondent Municipality submits that the direction to
close down the petitioner's Akshaya Centre was issued
way back in 2014 and the petitioner is continuing on
the strength of the interim order. Learned Counsel
further submitted that, in terms of the directions in
Ext.P14 judgment, notice of hearing was issued to the
petitioner.
Post 10.06.2022
The 8th respondent shall file counter affidavit
in the meanwhile.
Interim order is extended by two weeks.
Sd/-
V.G.ARUN
JUDGE
Scl/31.05.2022
31-05-2022 /True Copy/ Assistant Registrar
WP(C) No.15702/2022 4/4
APPENDIX OF WP(C) 15702/2022 Exhibit P14 TRUE COPY OF JUDGMENT DATED 28.11.2018 PASSED BY THIS HONOURABLE COURT IN WPC NO. 33954/2018.
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