Lini P.M vs The District Collector And The ...
2023 Latest Caselaw 5938 Ker

Citation : 2023 Latest Caselaw 5938 Ker
Judgement Date : 24 May, 2023

Kerala High Court

Lini P.M vs The District Collector And The ... on 24 May, 2023

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                        WP(C) NO. 16367 OF 2023
PETITIONER:

          LINI P.M
          AGED 38 YEARS
          W/O SHIJIL KUMAR K.S, KONDARAPPASSERI VEEDU,
          KANDALIYUR, THRISSUR, PIN - 680616
          BY ADV MANAS P HAMEED


RESPONDENTS:

    1     THE DISTRICT COLLECTOR AND THE CHIEF COORDINATOR OF
          AKSHAYA
          CIVIL STATION, THRISSUR, PIN - 680003
    2     THE DISTRICT PROJECT MANAGER AND THE ASSISTANT DISTRICT
          COORDINATOR OF AKSHAYA
          AKSHAYA DISTRICT PROJECT OFFICE, OPPOSITE RAILWAY
          STATION, POOTHOLE, THRISSUR, PIN - 680004
    3     ORUMANAYOOR GRAMA PANCHAYAT
          ORUMANAYOOR GRAMA PANCHAYAT OFFICE, ORUMANAYOOR,
          THRISSUR, REPRESENTED BY THE SECRETARY, PIN - 680512
    4     THE SECRETARY
          ORUMANAYOOR GRAMA PANCHAYAT, ORUMANAYOOR GRAMA
          PANCHAYAT OFFICE, ORUMANAYOOR, THRISSUR, PIN - 680512


          SMT.VIDYA KURIAKOSE, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.16367 of 2023
                                        2


                        P.V.KUNHIKRISHNAN, J.
                       ------------------------------
                      W.P.(C).No. 16367 of 2023
               ----------------------------------------------
                Dated this the 24th day of May, 2023



                                   JUDGMENT

This writ petition is filed for the following prayers:

i) Issue a writ of mandamus or direction or any other appropriate writ directing respondents to permit the petitioner to continue functioning her Akshaya centre at Muthammavu in Orumanayoor Grama Panchayt, Thrissur district.

ii) Issue writ of prohibition or order or direction or any other appropriate writ directing the 1s respondent to stop all proceedings in respect of selection of a new Akshaya licensee to the location Muthammavu in Orumanayoor Grama Panchayt, Thrissur district.

iii) Issue writ of mandamus or order or direction or any other appropriate writ directing the 1st respondent to consider Exhibit P11 representation and pass orders thereon after granting an opportunity of hearing to the petitioner.

2. It is submitted that the petitioner, who is a

lady, is the licensee of 'Akshaya' Common Service WP(C)No.16367 of 2023

Centre. It is also stated that the petitioner came to

know that the Akshaya authorities planning to issue a

fresh notification for the selection of a new Akshaya

licensee for the location in which the petitioner is

functioning the Akshaya Common Service Centre.

Aggrieved by the same petitioner submitted Ext.P11.

The grievance of the petitioner is that the same is not

considered.

3. Heard the counsel for the petitioner and the

Government Pleader.

4. The counsel for the petitioner reiterated the

contentions raised in this writ petition. The Government

Pleader submitted that as evident by Ext.P7 the

petitioner's license was canceled in the year 2014.

I do not want to make any observation about the

merit of the case. Since Ext.P11 is pending before the

1st respondent, the 1st respondent will consider the

same and pass appropriate orders in it, after giving an

opportunity of hearing to the petitioner. Therefore this

(i) The 1st respondent is directed to

consider and pass appropriate orders in Ext.P11

as expeditiously as possible at any rate within a

period of 1 month from the date of receipt of a

certified copy of this judgment.

(ii) The petitioner will produce a certified

copy of this judgment along with the copy of this

writ petition before the 1st respondent for

compliance.

Sd/-

P.V KUNHIKRISHNAN

APPENDIX OF WP(C) 16367/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LICENSE DATED 18.05.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P2 A TRUE COPY OF THE COMPLIANCE CERTIFICATE DATED 31.01.2013 ISSUED BY THE 2ND RESPONDENT Exhibit P3 A TRUE COPY OF THE NOTICE DATED 29.05.2013 ISSUED BY THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE COMMUNICATION DATED 13.09.2013 BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 24.04.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P6 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF ORUMANAYOOR GRAMA PANCHAYAT MAKING RECOMMENDATION IN FAVOUR OF THE PETITIONER Exhibit P7 A TRUE COPY OF THE LETTER DATED 28.04.2023 COMMUNICATED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P8 A TRUE COPY OF G.O.(RT).NO.171/2013/ITD DATED 20.07.2013 ISSUED BY THE INFORMATION TECHNOLOGY DEPARTMENT, GOVERNMENT OF KERALA Exhibit P9 A TRUE COPY OF G.O.(MS).NO.24/2019/ITD DATED 30.10.2019 ISSUED BY THE DEPARTMENT OF ELECTRONICS & INFORMATION TECHNOLOGY, GOVERNMENT OF KERALA Exhibit P10 A TRUE COPY OF G.O.(MS).NO.24/2021/ITD DATED 30.07.2021 ISSUED BY THE DEPARTMENT OF ELECTRONICS & INFORMATION TECHNOLOGY, GOVERNMENT OF KERALA Exhibit P11 A TRUE COPY OF THE REPRESENTATION DATED 04.05.2023 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P12 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 05.05.2023 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT