Kerala High Court
Forum Of Akshaya Centre Entrepreneurs ... vs State Of Kerala on 10 September, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:66740
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025/19TH BHADRA, 1947
WP(C) NO. 29740 OF 2025
PETITIONERS:
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
2 STEPHEN J
AGED 54 YEARS
S/O JOHN MORAIS, SRAVANAM,
MOTHER TERESA NAGAR, POOVAR P.O,
THIRUVANANTHAPURAM, 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.
SRI.MANAS P HAMEED
SMT.IPSITA OJAL
SMT.ARDRA P.
SRI.AMALJITH
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RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF ELECTRONICS AND INFORMATION
TECHNOLOGY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DEPARTMENT OF ELECTRONICS AND INFORMATION
TECHNOLOGY, SECRETARIAT, THIRUVANANTHAPURAM,
REPRESENTED BY THE SECRETARY, PIN - 695001
3 THE DIRECTOR
AKSHAYA PROJECT, KERALA STATE IT MISSION,
VRINDAVAN GARDENS, PATTOM, THIRUVANANTHAPURAM,
PIN - 695001
4 DEPARTMENT OF LOCAL SELF GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM,
REPRESENTED BY THE SECRETARY, PIN - 695001
5 THE CHEIF SECRETARY
STATE OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY ADV.
SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.08.2025, ALONG WITH WP(C).30756/2025, THE
COURT ON 10.09.2025 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025/19TH BHADRA, 1947
WP(C) NO. 30756 OF 2025
PETITIONER:
ALL KERALA AKSHAYA ENTREPRENEURS CONFEDERATION
REG. NO. TC/1018/2012, KOLLAM DISTRICT,
REPRESENTED BY ITS SECRETARY
SRI. NANDAKUMAR R, KSHB FLAT NO 106,
UPASANA NAGAR, QS ROAD, CHINNAKADA,
KOLLAM DISTRICT, PIN - 691001
BY ADVS.
SRI.V.PREMCHAND
SMT.HALIYA T.P.
SRI.MAHADEV M.J.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695001
2 THE SECRETARY,
INFORMATION AND TECHNOLOGY DEPARTMENT(C),
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
3 THE DIRECTOR,
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AKSHAYA, STATE IT MISSION OFFICE,
KELTRON CAMPUS, VELLAYAMBALAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
4 THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
5 THE PRINCIPAL DIRECTOR,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT OF KERALA, SWARAJ BHAVAN,
NANATHANCODE, KOWDIAR P O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695003
BY ADV.
SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.08.2025, ALONG WITH WP(C).29740/2025, THE COURT ON
10.09.2025 DELIVERED THE FOLLOWING:
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N. NAGARESH, J.
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W.P.(C) Nos.29740 and 30756 of 2025
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Dated this the 10th day of September, 2025
JUDGMENT
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The 1st petitioner in W.P.(C) No.29740/2025 is
the Forum of Akshaya Centre Entrepreneurs and the 2 nd
petitioner is the President of the Forum. The petitioner in W.P.
(C) No.30756/ 2025 is All Kerala Akshaya Entrepreneurs
Confederation. They are aggrieved by GO(Rt)
No.185/2025/ITD dated 06.08.2025 of the Government of
Kerala fixing fees for K-smart services.
2. The petitioners state that they have been
submitting representations to the Government demanding
enhancement in service charges. The rates of fees to be levied
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W.P.(C) Nos.29740 & 30756 of 2025
by Akshaya Centres were last revised in the year 2018. There
are issues of inflation and the rising cost of other services and
materials. Without taking into account any of the relevant
factors, the Government has once again fixed service charges
at rates equal to or even lower than those set in the year 2018.
3. The Local Self Government Department had
earlier issued an order dated 06.04.2022 allowing online
service providers, including Akshaya Centres, to charge ₹10/-
per page for data entry and ₹5/- per page for scanning. The
benefit provided under the said order has been taken away by
the present order. The impugned order sets a flat service
charge of only ₹40/- to ₹60/- in total, irrespective of the
volume of work involved.
4. The petitioners state that the Akshaya Centre
Entrepreneurs invest ₹10 lakhs to ₹15 lakhs to set up requisite
infrastructure. The Government does not extend any financial
aid for this purpose. On 04.11.2022, the 3rd respondent-
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Director of Akshaya Project had convened a meeting to
discuss rate chart revision. Suggestions were forwarded to the
Government. It was decided that whenever the authority
proposes to fix the charges for any departmental services, a
Committee shall be constituted for that purpose. The
Committee will include representatives of the Akshaya Centre
Entrepreneurs and the final decision will be taken only after
due discussion within the committee.
5. However, without any consultation, Ext.P7
Government Order dated 06.08.2025 has been issued. The
Government has revoked the benefits now extended to the
Akshaya Centre Entrepreneurs. The Government Order fixing
uniform service charges without regard to the volume of work,
the resources involved or the operating cost, is highly illegal
and arbitrary.
6. The petitioners therefore urge to stay the
implementation of the Government Order dated 06.08.2025
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issued by the Department of Electronics and Information
Technology and to consider the representations of the
petitioners.
7. I have heard the learned counsel for the
petitioners and the learned Government Pleader representing
the respondents.
8. Akshaya Centre Entrepreneurs are running
common service centres on the basis of agreement / contract
executed by them with the Government from time to time. The
petitioners are representatives of the Entrepreneurs. The
Akshaya Centre Entrepreneurs are bound to run the Centres
on the basis of rates fixed by the Government from time to
time.
9. The Akshaya Centres are service centres.
Akshaya Centres cannot be treated as business centres,
enabling the franchisees to run the centre with profit motive
alone. The Akshaya Centres are intended to serve the
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W.P.(C) Nos.29740 & 30756 of 2025
common man. The Centres intended to connect the general
public with government services, which otherwise are to be
provided by the Government to citizens without levying service
charges. The Centres are intended to make good the issue of
digital illiteracy and digital divide among the general public.
10. The petitioners cannot be heard to contend
that rates for Akshaya Centre services can be fixed only in
consultation with the petitioners. The relationship between the
petitioners and the Government is purely contractual. The
petitioners have the right to accept the terms of the contract or
quit. The petitioners have no statutory or other right to demand
or dictate service to be levied from the general public for
availing essential services.
The writ petitions are without any merit and
hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/09.09.2025
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APPENDIX OF WP(C) 29740/2025
PETITIONERS' EXHIBITS
Exhibit P1 A TRUE COPY OF GOVERNMENT ORDER NO.
3/2018, ISSUED BY THE DEPARTMENT OF
INFORMATION TECHNOLOGY DATED 09.05.2018
Exhibit P2 A TRUE COPY OF THE MINUTES DATED
04.11.2022 OF THE MEETING HELD BETWEEN
THE 3RD RESPONDENT, DIRECTOR OF THE
AKSHAYA PROJECT, AND THE
REPRESENTATIVES OF THE 1ST PETITIONER-
ORGANIZATION
Exhibit P3 TRUE COPY OF THE PROPOSAL FOR RATE
REVISION SUBMITTED BY THE PETITIONERS
BEFORE THE 3RD RESPONDENT ALONG WITH
PROOF OF EMAIL DATED NIL
Exhibit P4 THE TRUE COPY OF NEWSPAPER REPORTS OF
THE PROTESTS CONDUCTED BY AKSHAYA
CENTRE ENTREPRENEURS
Exhibit P5 A TRUE COPY OF THE REPRESENTATION FILED
BY PETITIONER DATED 21- 03-2025
Exhibit P6 A TRUE COPY OF THE G.O.
(RT).NO.75/2022/LSGD DATED 06.04.2022
ISSUED BY THE DEPARTMENT OF LOCAL SELF
GOVERNMENT, GOVERNMENT OF KERALA
Exhibit P7 A TRUE COPY OF THE G.O.
(RT).NO.185/2025/ITD DATED 06.08.2025
ISSUED BY THE DEPARTMENT OF ELECTRONICS
AND INFORMATION TECHNOLOGY, GOVERNMENT
OF KERALA
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APPENDIX OF WP(C) 30756/2025
PETITIONER'S EXHIBITS
Exhibit-P1 A TRUE COPY OF THE GO(MS.NO.25/2009 ITD
DATED 6/10/2009 ISSUED BY THE
INFORMATION TECHNOLOGY DEPARTMENT
Exhibit-P2 A TRUE COPY OF THE COMMUNICATION ISSUED
THROUGH G MAIL TO THE AKSHAYA
ENTREPRENEURS
Exhibit-P3 A TRUE COPY OF THE SERVICE CHARGES
FIXED IN THE YEAR 2018
Exhibit-P4 A TRUE COPY OF THE PETITION DATED
14.05.2025 FILED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED
16.06.2025 IN WP© NO 20495/2025 BEFORE
THE HON'BLE HIGH COURT OF KERALA, AT
ERNAKULAM
Exhibit-P6 A TRUE COPY OF THE ORDER DATED
06.08.2025 IN GO(RT).NO.185/2025 ITD
ISSUED BY THE ELECTRONICS AND IT
DEPARTMENT
Exhibit-P7 A TRUE COPY OF THE OFFICE MEMORANDUM
DATED 18.10.2022 ISSUED BY THE MINISTRY
OF ELECTRONICS, GOVERNMENT OF INDIA
Exhibit-P8 A TRUE COPY OF THE OFFICE MEMORANDUM
DATED 20.04.2023 ISSUED BY THE MINISTRY
OF ELECTRONICS, GOVERNMENT OF INDIA
Exhibit-P9 A TRUE COPY OF THE PETITION DATED
07.08.2025 BEFORE THE 2ND RESPONDENT
Exhibit-P10 A TRUE COPY OF THE PETITION DATED
07.08.2025 BEFORE THE 2ND RESPONDENT
