Hamna.M.K vs Secretary
2023 Latest Caselaw 1112 Ker

WP(C) NO. 9565 OF 2013               1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                          WP(C) NO. 9565 OF 2013
PETITIONER/S:

               HAMNA.M.K.
               AGED 22 YEARS
               D/O.M.A.MOIDU, MANALATH VALAPPIL HOUSE, MAIN ROAD,
               CHALISSERY (POST), PALAKKAD DISTRICT ,PIN 679 536.

               BY ADV SRI.P.K.MOHANAN(PALAKKAD)



RESPONDENT/S:

      1        SECRETARY
               KERALA STATE (INFORMATION TECHNOLOGY MISSION),
               DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA,
               THIRUVANANTHAPURAM 695 001.)

      2        DISTRICT COLECTOR
               PALAKKAD, CIVIL STATION, PALAKKAD 678 001.

      3        DISTRICT PLANNING OFFICER AND DISTRICT CO-ORDINATOR
               AKSHAYA DISTRICT PROJECT OFFICE, DOOR NO. 12/943
               (8), NINAN'S COMPLEX, MRETTUPALAYAM STREET,PALAKKAD
               678 001.

      4        ASSISTANT DISTRICT CO-ORDINATOR
               AKSHAYA DISTRICT PROJECT OFFICE, DOOR NO.12/943 (8),
               NINAN'S COMPLEX, METTUPALAYAM STREET, PALAKKAD 678
               01.

      5        SECRETARY
               CHALISSERY GRAMA PANCHAYATH, PO CHALISSERY,PIN 679
               536.

               BY ADVS.
               GOVERNMENT PLEADER
 WP(C) NO. 9565 OF 2013            2


               SRI.S.P.ARAVINDAKSHAN PILLAY
               SRI.S.A.ANAND
               SMT.N.SANTHA



OTHER PRESENT:

               SRI.RENJITH.T.R, SR.GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9565 OF 2013              3




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                      W.P.(C) No. 9565 of 2022
                    --------------------------------------
              Dated this the 18th day of January, 2023


                                JUDGMENT

The above writ petition is filed with following prayers :

a) Issue a writ of mandamus or appropriate writ, order or direction directing the respondents to provide the necessary password to the petitioner to start the Akshaya Centre in Ward No.9 and building No.IX/236 of Chalissery Grama Panchayath.

(b) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and petitioner may pray from time to time." [SIC]

2. When this writ petition came up for consideration on

19.8.2013, this Court passed the following order :

"Admit. Learned Government Pleader takes notice for respondents 1 to 4. Learned standing counsel takes notice for Respondent No.5.

2. With regard to interim relief sought for, when the matter came up before this Court on 17.06.2013, the following interim order was passed:

"The affidavit dated 1.6.2013 filed by the Panchayat and the contents of the documents produced by R2 to R4 along with their counter affidavit prima facie do

not reconcile with each other. The 5th respondent is directed to file an affidavit in detail, also producing copies of the relevant proceedings as to the distribution of wards, the proceedings whereby the Akshaya Centres were desired to be started and such other relevant particulars as on the date of decision No.9/17 dated 22.5.2007."

Pursuant to the above interim order, an affidavit has been filed by the 5th respondent on 29.06.2013. Paragraphs 4, 6 and 11 of the same are relevant, which are extracted below:

4. The areas comprised in Ward Nos.XI to XIV were together called Chalissery Angady for the purpose of starting Akshaya Centres.

xx xx xx

6. By Annexure-R5(b) what was requested was to inform the present wards corresponding to Ward

mentioned in Ext.R5(b) are the numbers assigned to the wards according to the delimitation of the year 2005 which was valid upto 2010.

xx xx xx

11. It was by a mistake that in Ext.R4(a) it happened to be stated that the ward corresponding to the old Ward No.11 is Ward No.9. Building No.9/236 was not situate in old Ward No.11. It was situate in old Ward No.10. This is evident from Annexure-2A to order No. D1-668/2010/SDC dated 30.06.2010 of the State Delimitation Commission. A true copy of the relevant portion of it relating to present Ward No.11 is produced herewith and marked as Ext.R5(g). Now it is situate in present Ward No.11. But it

was assigned No.9/236 by a mistake because numbering was done relying on Ext.R5(d) Voters' List wherein the name of the owner of the building Sri C.P.Romal is included. This happened due to bona fide mistakes. I tender my unconditional apology for the said mistakes and the inconvenience caused to this Honourable court."

After hearing both sides, this Court finds that this is a fit case, where an interim order has to be granted. Accordingly, there will be an interim order as prayed for, which shall be provisional and subject to result of the writ petition."

3. The interim order prayed was to provide the

necessary password to the petitioner to start the sanctioned

Akshaya Centre in building No.IX/236 of Chalissery

Panchayath. That is the main prayer in the writ petition. In the

light of the interim order already passed, no further order is

necessary.

Therefore, recording the order dated 19.8.2013, this writ

petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 9565/2013

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LETTER DATED 21/11/2012 ISSUED BY THE 2ND RESPONDENT SHOWING THAT PETITIONER IS SELECTED AS AN ETEREPRENEUR

EXHIBIT P2 A TRUE COPY OF THE LETTER DATED 25/1/2013 SUBMITTED TO THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 2/2/2013 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 5/2/2013 ISSUED BY THE SECRETARY, CHALISSERY GRAMA PANCHAYATH TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE LETTER SUBMITTED TO THE SECRETARY, CHALISSERY GRAMA PANCHAYATH

EXHIBIT P6 A TRUE COPY OF THE COMPLIANCE CERTIFICATE DATED 12/2/2013 ISSUED BY ASSISTANT DISTRICT CORDINATOR, AKSHAYA DISTRICT PROJECT OFFICE, PALAKKAD.

EXHIBIT P7 TRUE COPY OF THE TELEPHONE BILL DATED 6/3/2013 ISSUED TO THE PETITIONER BY THE BSNL.

EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED 2/3/2013 SERVED ON THE RESPONDENTS 2 TO 4

EXT.P9 A TRUE COPY OF THE LETTER OF UNDERTAKING DATED 16.2.2013 EXECUTED BY THE PETITIONER

EXT.P10 A TRUE COPY OF THE LEASE DEED DATED

18.1.2013 EXECUTED BY THE PETITIONER WITH THE OWNER OF THE BUILDING NUMBER 9/236 OF CHALISSERY PANCHAYATH MR.C.P.ROMAL, CHERUVATHUR CHALISSERY AMSOM AND DESOM

EXT.P11 A TRUE COPY OF THE INFORMATION DATED 22.4.2013 FURNISHED TO THE PETITIONER BY THE SECRETARY CHALISSERY PANCHAYATH REGARDING DETAILS OF THE OWNERSHIP OF THE BUILDING NO. IX/236

EXT.P12 A PHOTCOPY OF THE OWNERSHIP CERTIFICATE DATED 18.3.2013 ISSUED BY THE 5TH RESPONDENT TO CP ROMAL, CHERUVATHOOR HOUSE, CHALISSERY

EXT.P13 A PHOTOCOPY OF A CERTIFICATE SAKSHYA PATHRAM DATED 21.3.2013 ISSUED BY THE 5TH RESPONDENT TO CP ROMAL, CHERUVATHOOR HOUSE CHALISSERY.

RESPONDENT'S EXHIBITS

EXT.R4(A) TRUE COPY OF THE LETTER NO. HC-391-13 DATED 29.01.2013 ISSUED BY THE 5TH RESPONDENT

EXT.R4(B) TRUE COPY OF THE LETTER NO. 11-2/13 DATED 12.3.2013 ISSUED BY THE 5TH RESPONDENT

EXT.R5(A) TRUE COPY OF THE RESOLUTION NO. 9(17)DATED 22.5.2007 THE COMMITTEE OF THE CHALISSERY GRAMA PANCHAYAT

EXT.R5(B) True copy of the letter No.12/ AKS/PKD dated 25.01.2013 of Assistant District Co- ordinator, Akshaya, Palakkad.

EXT.R5(C) True copy of the relevant pages of the Property Tax Assessment Register in respect of Ward No.10.

EXT.R5(D) True copy of the relevant extractof the Voter's List of 2010 of the present Ward No.9.

EXT.R5(E) True copy of the application dated 15.04.2013 of the petitioner submitted under the Right to Information Act, 2005.

EXT.R5(F) True copy of the order No.D1-668/2010/S.D.C dated 30.06.2010 of the State Delimitation Commission.

EXT.R5(G) True copy of the relevant portion of 14 order No.D1-668/2010/SDC dated 30.06.2010 of the State Delimitation Commission.