Petitioners challenged the proposal to shift the ex-servicemen canteen from Poothole to Kuttanellur to consolidate services with an ECHS Polyclinic. The court found shifting justified by better facilities and space, holding it within the General Officer Commanding's exclusive domain.
None.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
WEDNESDAY, THE 18TH DAY OF JUNE 2014/28TH JYAISHTA, 1936
WP(C).No. 28794 of 2013 (Y)
PETITIONERS:
1. KERALA STATE EX-SERVICE LEAGUE, (REGISTRATION NO. K/20/65/77/92) VIMUKTHA BHADA BHAVAN, CIVIL LANE, KANJANI ROAD, P.O. AYYANTHOLE, THRISSUR - 680 003, REPRESENTED BY THE SECRETARY K.R. GOPINATHAN NAIR, AGED 66 YEARS, S/O. RAGHAVAN NAIR, 'VIJAYA NIVAS', P.O. CHELAKKARA, THRISSUR DISTRICT.
2. O.K.SIVARAMAN, AGED 65 YEARS, S/O.KUMARA, ORIPARAMBIL HOUSE, MULLASSERY PO, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680 509.
BY ADV. SRI.RAJIT
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE MINISTRY OF DEFENCE, NEW DELHI - 110 001.
2. THE GENERAL OFFICER IN COMMAND, HQ ATNK AND K AREA, ISLAND GROUND, CHENNAI - 09.
3. CANTEEN OFFICER, EX-SERVICEMAN CANTEEN, CANTEEN STORES DEPARTMENT, PALAKKAD - 678 001.
4. MANAGER, EX-SERVICEMEN CANTEEN, CANTEEN STORES DEPARTMENT, POOTHOLE, THRISSUR - 680 003.
*ADDL.R5 IMPLEADED:
R5. ZILLA SAINIK WELFARE OFFICER, THE ZILLA SAINIK WELFARE OFFICE, SAINIK CENTER, POOTHOLE, THRISSUR.
*ADDL.R5 IS IMPLEADED AS PER ORDER DATED 10/03/2014 IN I.A.NO.3581/2014.
R1 TO R4 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WP(C).No. 28794 of 2013 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT-P1-TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 26/09/2013.
EXHIBIT-P2-TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER BEARING NO. 75735/CANTEEN/Q4 DATED 08/10/2013.
EXHIBIT-P3-TRUE COPY OF THE REPRESENTATION NO. KSESL/TSR/CANTEEN/2013 DATED 01/11/2013.
EXHIBIT -P4 - TRUE COPY OF THE LETTER BEARING NO.SWTSR/E/GW/3888/13 DATED 12/11/2013.
EXHIBIT - P5 - TRUE COPY OF THE LETTER DATED 1/11/2013.
EXHIBIT - P6 - TRUE COPY OF THE LIST OF RETIRED OFFICERS LIVING IN AND AROUND KUTTANELLUR.
RESPONDENT(S)' EXHIBITS:
| EXHIBIT R1(A): AND KARNATAKA |
TRUE COPY OF THE ADM APPROVAL ISSUED BY HQ KERALA SUB AREA. |
|---|---|
| EXHIBIT R1(B): OFFICE. |
TRUE COPY OF LETTER DATED 22/01/2014 ISSUED BY RTO |
| EXHIBIT R1(C): | TRUE COPY OF PHOTOGRAPH OF THE PRESENT LOCATION. |
| EXHIBIT R1(D): | TRUE COPY OF PHOTOGRAPH OF THE NEW LOCATION. |
| EXHIBIT R1(E): | TRUE COPY OF LETTER DATED 09/12/2013. |
/TRUE COPY/
P.S.TO JUDGE
Kss
A.V.RAMAKRISHNA PILLAI, J
W.P.(C) No.28794 of 2013
Dated this the 18th day of June, 2014
JUDGMENT
Under challenge in this writ petition is the proposal of the second respondent to shift the present ex-servicemen canteen from Poothole to a rented building at Kuttanellur.
2.The first petitioner is an organisation which is formed to protect the interest of the ex-servicemen. It is recognised by the Union as well as the State Government.
said canteen is very convenient for ex-service men
WPC No.28794/2013 2
and their dependents. Knowing that there was a proposal to shift the said canteen to a rented building at Kuttanellur, the petitioner represented against the same. However, the petitioner was served with Ext.P2 wherein the second respondent confirmed that the canteen is proposed to be shifted at Kuttanellur. According to the petitioner, it is stated in the reply that a building for ECHS Polyclinic is proposed to be constructed by the respondents, Thrissur and therefore, it would be in the interest of the ex-servicemen to have both the ECHS Polyclinic as well as the canteen at one place. It is with this background, the petitioner has come up before this Court.
WPC No.28794/2013 3
servicemen are available in the same place and therefore the proposal was to locate both the canteen as well as the ECHS polyclinic at the same location and create ESM welfare facilities.
for shifting was blindly and baselessly resisted by the petitioners based on sentiments and it is not legally sustainable. It was further contended that the Government of Kerala already allotted 25 cents
of revenue land at Kuttanellur comprised under Ollur Village. At the time of filing the counter, the construction of the building was in full swing.
hearing, the learned standing counsel for the respondents would submit that the construction of the building has been completed.
series photographs which gives an idea of the present location. At the time of the argument the
WPC No.28794/2013 4
photographs of the existing canteen at Poothole was also produced. A comparison of photographs shows that the building at Poothole does not have sufficient space for vehicle parking. It is also submitted that it does not have toilet and drinking water facilities.
WPC No.28794/2013 5
system. It is also pointed out that the proposed site will have more billing counters thereby minimising
waiting time for ex-servicemen who are aged above 60 to 70 years.
As rightly pointed out by the learned standing counsel for the respondents that it is the sole prerogative of General Officer Commanding, Andhra, Tamilnadu, Karnataka and Kerala (GOC, ATNK & K Area) to decide on the issues relating to welfare of ESM fraternity. This Court finds no reason to interfere with the proposed shifting. Therefore, this writ petition is dismissed.
sd/-A.V.RAMAKRISHNA PILLAI
JUDGE
css/ TRUE COPY
p.s.to judge
3 issues framed by the court
Whether the High Court should interfere with the proposal to shift the ex-servicemen canteen from Poothole to Kuttanellur to consolidate welfare facilities.
Whether the shift is within the sole prerogative of the General Officer Commanding.
What reasoning supports the dismissal of the writ petition challenging the canteen relocation?
Kerala State Ex-Service League
Vimuktha Bhada Bhavan Trust
O.K.Sivaraman
Union of India
General Officer Commanding, HQ ATNK and K Area
Canteen Officer, Ex-Serviceman Canteen, CanTeen Stores Department, Palakkad
A.V.Ramakrishna Pillai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
