Kerala High Court
Jose N.G vs State Of Kerala on 29 May, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
WP(C) NO. 7235 OF 2024
PETITIONER:
JOSE N.G
AGED 37 YEARS
S/O.GEORGE, RESIDING AT: NEDUMKADAVIL HOUSE, BHOODAN
COLONY P.O., NETTIKKULAM, MALAPPURAM, PIN - 679334
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
G.S.SAJI
N.S.SHAMILA
CHINJU P. JOYIES
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF ELECTRONICS
AND INFORMATION TECHNOLOGY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR,
AKSHAYA STATE PROJECT OFFICE, SAANKETHIKA, 2ND FLOOR,
VRINDAVAN GARDENS, POTTAKUZHI, PATTOM P.O.,
THIRUVANANTHAPURAM, PIN - 695004
3 DISTRICT PROJECT MANAGER,
AKSHAYA DISTRICT PROJECT OFFICE, JILLA PANCHAYAT
BHAVAN, CIVIL STATION P.O., MALAPPURAM, PIN - 676505
4 DISTRICT DEVELOPMENT COMMISSIONER & CHAIRMAN E-
GOVERNANCE SOCIETY,
CIVIL STATION, MALAPPURAM, PIN - 676505
5 DISTRICT COLLECTOR
COLLECTORATE, MALAPPURAM, PIN - 676505
6 POTHUKALLU GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, BHOODANAM P.O.,
POTHUKALLU, MALAPPURAM, PIN - 679334
SMT. VIDYA KURIAKOSE. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7235 OF 2024
2
T.R.RAVI.J
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WP(C) No.7235 of 2024
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Dated this the 29th day of May, 2024
JUDGMENT
The request for change of location of the Akshaya
Centre has been rejected by Ext.P10. In Ext.P10, it has
been stated that for change of location, a decision by the
District E-Governing Society chaired by the District
Collector is required and the said decision will have to
be considered by the Government and the decision has
to be taken by the Government regarding allowing of
new location. It is also stated that if a new location has
to be allowed, the selection process has to be undertaken
in the manner prescribed. Ext.P10 finds that the location
which has been suggested by the petitioner is different
from the location where the Akshaya Centre was
notified.
WP(C) NO. 7235 OF 2024
2. The petitioner has preferred Ext.P11
representation before the Government being aggrieved by
Ext.P10. This Court cannot decide on the factual aspect
and it is for the Government to decide whether the
decision taken by the authority in Ext.P10 needs to be
varied.
3. The writ petition is hence disposed of directing
the 1st respondent to consider and dispose of Ext.P11,
after hearing the petitioner, if necessary after calling for
a report from the Director of Akshaya State Project at
the earliest, at any rate within six weeks from the date
of receipt of a copy of this judgment.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) NO. 7235 OF 2024
APPENDIX OF WP(C) 7235/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 13.05.2022
EXECUTED BETWEEN THE DISTRICT DEVELOPMENT
COMMISSIONER & THE CHAIRMAN (DISTRICT E-
GOVERNANCE SOCIETY), MALAPPURAM AND THE
PETITIONER FOR THE ESTABLISHMENT OF THE
AKSHAYA CENTRE AT NJETTIKULAM, POTHUKALLU
GRAMA PANCHAYAT
Exhibit P2 A TRUE COPY OF THE MINUTES OF THE MEETING
DATED 27.10.2022 OF THE POTHUKALLU GRAMA
PANCHAYAT
Exhibit P3 A TRUE COPY OF THE APPLICATION DATED
31.10.2022 SUBMITTED BY THE PETITIONER BEFORE
THE 3RD RESPONDENT
Exhibit P4 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE
3RD RESPONDENT NO. AKS/MPM/177/2023 DATED
15/7/2023
Exhibit P5 A TRUE COPY OF THE ORDER NO.AKS/11/2023-
PA3ADMIN (APSO) DATED 13.05.2023 ISSUED BY
THE 2ND RESPONDENT
Exhibit P6 A TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS)
NO.24/2019/ITD DATED 30.10.2019
Exhibit P7 A TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS)
NO.24/2021/ITD DATED 30.07.2021
Exhibit P8 A COPY OF THE JUDGMENT DATED 17.08.2023 IN
Exhibit P9 A COPY OF THE REPORT DATED 18.09.2023 ISSUED
BY THE ASSISTANT PROJECT COORDINATOR
Exhibit P10 A COPY OF THE REJECTION ORDER NO.AKS/11/2023-
PA3 ADMIN (APSO)/1082 DATED 19.10.2023 ISSUED
BY THE DIRECTOR, AKSHAYA STATE PROJECT
OFFICE, THIRUVANANTHAPURAM
Exhibit P11 A TRUE COPY OF THE REPRESENTATION DATED
10.02.2024 SUBMITTED BEFORE THE 1ST
RESPONDENT
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
