Kerala High Court
Forum Of Akshaya Centre ... vs The Unique Identification ... on 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 27795 OF 2023
PETITIONER/S:
1 FORUM OF AKSHAYA CENTRE ENTREPRENEURS (FACE)
REG NO.TVM/TC/575/2022, OPP. BUS STAND, POOVAR
P.O, THIRUVANANTHAPURAM, REPRESENTED BY THE
PRESIDENT, SHRI STEPHEN J., AGED 54 YEARS, S/O
JOHN MORAIS, SRAVANAM, MOTHER TERESA NAGAR,
POOVAR P.O, THIRUVANANTHAPURAM, PIN 695525, PIN -
695525
2 STEPHEN J.
AGED 54 YEARS
S/O JOHN MORAIS, SRAVANAM, MOTHER TERESA NAGAR,
POOVAR P.O, THIRUVANANTHAPURAM, PIN 695525, THE
PRESIDENT, FORUM OF AKSHAYA CENTRE ENTREPRENEURS
(FACE), REG NO.TVM/TC/575/2022, OPP. BUS STAND,
POOVAR P.O, THIRUVANANTHAPURAM, PIN - 695525
BY ADVS.
MANAS P HAMEED
K. REMIYA RAMACHANDRAN
RESPONDENT/S:
1 THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA
(UIDAI)
GOVERNMENT OF INDIA, BANGLA SAHIB RD, BEHIND KALI
MANDIR, GOLE MARKET, NEW DELHI , REPRESENTED BY
THE CHAIRPERSON., PIN - 110001
2 DEPARTMENT OF ELECTRONICS AND INFORMATION
TECHNOLOGY
GOVERNMENT OF KERALA, 2ND FLOOR, SOUTH BLOCK ,
SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY
THE PRINCIPAL SECRETARY, PIN - 695001
3 THE PRINCIPAL SECRETARY
DEPARTMENT OF ELECTRONICS AND INFORMATION
TECHNOLOGY, GOVERNMENT OF KERALA, 2ND FLOOR,
SOUTH BLOCK , SECRETARIAT, THIRUVANANTHAPURAM,
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W.P.(C). No. 27795 of 2023
PIN - 695001
4 KERALA STATE I.T MISSION
STATE PROJECT OFFICE, SAANKETHIKA, IIND FLOOR,
VRINDAVAN GARDENS, PATTOM.P.O,
THIRUVANANTHAPURAM, REPRESENTED BY THE DIRECTOR,
PIN - 695004
5 THE DIRECTOR
KERALA STATE I.T MISSION, STATE PROJECT OFFICE,
SAANKETHIKA, IIND FLOOR, VRINDAVAN GARDENS,
PATTOM.P.O, THIRUVANANTHAPURAM, PIN - 695004
OTHER PRESENT:
SMT. VIDYA KURIAKOSE, GP, SRI. S.MANU, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C). No. 27795 of 2023
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 27795 of 2023
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Dated this the 23rd day of August, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"i. Issue writ of certiorari or any other appropriate writ
quashing Ext.P6 order issued by the 5th respondent.
ii. Declare that the 5th respondent has no authority to
terminate or appoint "Verifiers" as per Aadhaar (Targeted
Delivery of Financial and Other Subsidies, Benefits and
Services) Act 2016, Aadhaar (Enrolment and Update)
Regulations, 2016 and Ext.P5 Circular issued by the 1st
respondent.
iii. Issue a writ of mandamus or any other writ directing
the 2nd respondent-Department/Registrar to consider
Ext.P7 representation and pass orders thereon, after
granting an opportunity of hearing to the petitioners, in
accordance with Aadhaar (Targeted Delivery of Financial
and Other Subsidies, Benefits and Services) Act 2016,
Aadhaar (Enrolment and Update) Regulations, 2016 and
Ext.P5 Circular issued by the 1st respondent, within a time
frame that may be fixed by this Hon'ble Court.
W.P.(C). No. 27795 of 2023
iv. Such other relief that this Hon'ble Court may deem fit
and proper in the facts and circumstances of the case.
v. Dispense with the English translation of documents in
vernacular language." (sic)
2. Aggrieved by Ext.P6 proceedings of the Director of
Kerala State IT Mission dated 22.02.2022, the petitioner submitted
Ext.P7 representation dated 02.08.2023. The grievance of the
petitioner is that the Director has no jurisdiction to issue an order like
Ext.P6. It is also stated that Ext.P6 will go against Ext.P5 circular. I
don't want to make any observation about the same. Since the
petitioner already approached the 2nd respondent with Ext.P7, I think
there can be a direction to the 2 nd respondent to consider Ext.P7 within
a time frame.
Therefore, this writ petition is disposed of in the following
manner:
1. The 2nd respondent is directed to consider and pass
appropriate orders in Ext.P7 after giving an opportunity of
hearing to an authorized representative of the petitioners, as
W.P.(C). No. 27795 of 2023
expeditiously as possible, at any rate within one month
from the date of receipt of a certified copy of this judgment.
2. The petitioner will produce a stamped certified copy of
this judgment together with a copy of this writ petition
before the 2nd respondent for compliance.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 27795 of 2023
APPENDIX OF WP(C) 27795/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGISTRATION
CERTIFICATE ISSUED BY THE SOCIETY
REGISTRAR
Exhibit P2 A TRUE COPY OF THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE 1ST
RESPONDENT AND THE GOVERNMENT OF KERALA
Exhibit P3 A TRUE COPY OF THE G.O NO 171/2013/ITD
DATED 20.07.2013 ISSUED BY THE
DEPARTMENT OF ELECTRONICS AND
INFORMATION TECHNOLOGY, GOVERNMENT OF
KERALA
Exhibit P4 A TRUE COPY OF THE GUIDELINES ISSUED BY
THE 1ST RESPONDENT FOR DOCUMENT
VERIFICATION
Exhibit P5 A TRUE COPY OF CIRCULAR NO.I/11329/2021
DATED 22.12.2021 ISSUED BY THE 1ST
RESPONDENT
Exhibit P6 A TRUE COPY OF THE ORDER DATED
22.02.2022 ISSUED BY THE 5TH RESPONDENT
Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED
02.08.2023 FILED BY THE 1ST PETITIONER
BEFORE THE 2ND
RESPONDENT-DEPARTMENT/REGISTRAR
