The High Court disposed of a writ petition challenging the shutdown of an Akshaya centre. Finding that the fourth respondent no longer supported the matter, the court made the interim stay order of 05.06.2015 absolute.
The interim stay order dated 05.06.2015 was made absolute; the writ petition was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
WP(C) NO. 16808 OF 2015
PETITIONER:
SALINI S S AGED 28 YEARS S/O.SASIKALA, VAZHAVILA VEEDU, ANANDESWARAM, ARYANADU.P.O, KATTAKADA TALUK. BY ADV SRI.G.SUDHEER
RESPONDENTS:
BY ADVS.
SRI.A.S.SHAMMY RAJ
SMT. MARY BEENA JOSEPH, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 16808 2015
: 2 :
Dated this the 21st day of August, 2023.
JUDGMENT
The writ petition is filed for the following reliefs:
In pursuance to the application invited by respondent Nos. 2 and
3 inviting application through online for being appointed as akshaya centre entrepreneur at Kattakada Market Junction in Poovachal Panchayat, the petitioner was selected and she started the centre on
01.05.2015. The 4th respondent is also conducting an akshaya centre at Kattakada Panchayat.
2.1. According to the petitioner, on the basis of Exhibit P2 final
W.P.(C) No. 16808 2015 : 3 :
rank list, the petitioner was permitted to conduct an akshaya centre. She invested huge amounts for establishing the new akshaya centre. Exhibit P4 compliance certificate was issued by the third respondent after inspection.
2.2. Subsequently, the petitioner was served with Exhibit P5 letter dated 27.05.2015 directing her to shut down the akshaya centre stating that the new centre can have only be set up only beyond 2 kms. without changing the location. Aggrieved by the same, the petitioner has filed this writ petition.
W.P.(C) No. 16808 2015 : 4 :
Government Order. It is further stated that there is violation of conditions in Exhibit P6 Government Order and therefore, the issuance of Exhibit P5 notice is legally sustainable.
By passage of time, the 4th respondent might have lost interest in prosecuting the matter. Hence, I am of the view that the writ petition can be disposed of.
Accordingly, this writ petition is disposed of, making the interim order dated 05.06.2015 absolute.
sd/-
SHOBA ANNAMMA EAPEN,
JUDGE.
Rv
W.P.(C) No. 16808 2015 : 5 :
APPENDIX OF WP(C) 16808/2015
PETITIONER’S EXHIBITS:
P1 P1: TRUE COPY OF THE PROVISIONAL RANK LIST. P2 P2: TRUE COPY OF THE PORTION OF THE FINAL RANK LIST PUBLISHED ON 24/2/2015 BY THE DISTRICT COLLECTOR. P3 P3: TRUE COPY OF THE INVITATION LETTER DATED 23/3/2015 SENT BY THE ASST. DISTRICT COORDINATOR. P4 P4: TRUE COPY OF THE COMPLIANCE CERTIFICATE ASSISTANT DISTRICT CO-ORDINATOR DATED 27/4/2015. P5 P5: TRUE COPY OF THE LETTER NO.AKS/TVM/NACE/15/28 DATED 27/5/2015 SENT BY THE 3RD RESPONDENT TO THE PETITIONER P6 P6: TRUE COPY OF THE GO(RT) NO.210/2014/ITD DATED 26/9/2014 ISSUED BY THE 1ST RESPONDENT
RESPONDENTS’ EXHIBITS:
EXHIBIT R4(a) TRUE COPY OF THE CERTIFICATE OF PARTICIPATION DATED 10.03.2015 ISSUED BY THE MINISTRY OF COMMUNICATION AND INFORMATION TECHNOLOGY. EXHIBIT R4(b) TRUE COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBUMI DAILY DATED 16.03.2015. EXHIBIT R4(c) TRUE COPY OF THE PETITION FILED BY THE 4TH RESPONDENT BEFORE THE THIRD RESPONDENT DATED 07.05.2015.
True Copy
PS To Judge.
rv
2 issues framed by the court
Whether the writ petition regarding the shutdown of an Akshaya centre can be disposed of on the ground that the fourth respondent lost interest.
Whether the interim stay order dated 05.06.2015 should be made absolute.
SALINI S S
STATE OF KERALA
DISTRICT COLLECTOR CHIEF CO-ORDINATOR AKSHAYA PROJECT
ASSISTANT DISTRICT CO-ORDINATOR AKSHAYA DISTRICT PROJECT OFFICE
LEKHA PADMAKUMAR
SHOBA ANNAMMA EAPEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
