Allowed

Gopalakrishnan a. v. the Director, Akshaya Project

Kerala HC15 Sept 2023WP(C)/4354/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed combined writ petitions challenging orders cancelling licenses to run Akshaya Centres. The court held that the lower authority violated natural justice by issuing orders without hearing the petitioners. It directed the Director to reconsider the petitions regarding renewal without transfer or eligibility for transfer to third parties within one month, maintaining s

What did the court decide?

Directing the Director to reconsider the petitioners' claims regarding retention of licenses or transfer to third parties, maintaining status quo for one month.

Gopalakrishnan a. Vs the Director, Akshaya Project — Service and Employment | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

FRIDAY, THE 15TH DAY OF SEPTEMBER 2023 / 24TH BHADRA, 1945

¶5

WP(C) NO. 12111 OF 2023

¶6

PETITIONER:

¶7

ANISH CHERIAN, AGED 40 YEARS,
S/O V.J.CHERIAN, VELASSERIL HOUSE,
ARPOOKARA EAST P.O, ARPOOKARA,
KOTTAYAM DISTRICT., PIN – 686008.

¶8

BY ADVS.ANZAR BASHEER
P.ANTO THOMAS
K.S.MURALIKRISHNAN NAIR
V.R.ARUN

¶9

RESPONDENTS:

¶10

1 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN – 695001.

¶11

2 THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, COLLECTORATE, KOTTAYAM., PIN – 686002.

¶12

3DISTRICT PROJECT OFFICER,
AKSHAYA DISTRICT PROJECT OFFICE,
KERALA STATE IT MISSION, COLLECTORATE P.O.,
KOTTAYAM., PIN – 686002.

¶13

4 THE DIRECTOR, IT MISSION AND AKSHAYA, STATE IT MISSION OFFICE, KELTRON CAMPUS, VELLAYAMBALAM, THIRUVANANTHAPURAM DISTRICT PIN – 695001.

¶14

BY ADV.P.S. APPU, GP

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2023, ALONG WITH WP(C).3142/2023, 4354/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶17

-2-

¶18

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶19

PRESENT

¶20

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 15TH DAY OF SEPTEMBER 2023 / 24TH BHADRA,

¶21

¶22

WP(C) NO. 3142 OF 2023

¶23

PETITIONER:

¶24

PREETHA N.K, AGED 52 YEARS,
W/O T.V. THAMBAN, NEAR MANORAMA OFFICE,
THOTTADA, KANNUR, PIN – 670007.

¶25

BY ADV MANAS P HAMEED

¶26

RESPONDENTS:

¶27

1 THE DIRECTOR, AKSHAYA PROJECT, AKSHAYA STATE PROJECT OFFICE, VRINDAVAN GARDENS, POTTAKUZHI, PATTOM P.O, THIRUVANANTHAPURAM, PIN – 695001.

¶28

2 THE DISTRICT COLLECTOR & THE CHIEF COORDINATOR OF AKSHAYA, COLLECTORATE, KANNUR, PIN – 670002.

¶29

3 THE DISTRICT PROJECT MANAGER & THE ASSISTANT DISTRICT COORDINATOR OF AKSHAYA, AKSHAYA DISTRICT PROJECT OFFICE, RUBCO BUILDING, KANNUR, PIN – 670002.

¶30

BY ADV.SRI.P.S.APPU, GP

¶31

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.09.2023, ALONG WITH WP(C).12111/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶32

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶33

-3-

¶34

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶35

PRESENT

¶36

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶37

FRIDAY, THE 15TH DAY OF SEPTEMBER 2023 / 24TH BHADRA,

¶38

¶39

WP(C) NO. 4354 OF 2023

¶40

PETITIONER:

¶41

GOPALAKRISHNAN A., AGED 54 YEARS,
S/O T. KRISHNAN, 'CHITHIRA', NAIKAYAM,
ATTENGANAM P.O, KASARAGOD, PIN – 671531.

¶42

BY ADV MANAS P HAMEED

¶43

RESPONDENTS:

¶44

1 THE DIRECTOR, AKSHAYA PROJECT, AKSHAYA STATE PROJECT OFFICE, VRINDAVAN GARDENS, POTTAKUZHI, PATTOM P.O, THIRUVANANTHAPURAM, PIN – 695001.

¶45

2 THE DISTRICT COLLECTOR & [*CORRECTED] THE CHIEF COORDINATOR OF AKSHAYA, COLLECTORATE, KANNUR, PIN – 670002

¶46

THE DISTRICT COLLECTOR & THE CHIEF COORDINATOR
OF AKSHAYA, COLLECTORATE, KASARAGOD,
PIN 671123.

¶47

3 THE DISTRICT PROJECT MANAGER & [*CORRECTED] THE ASSISTANT DISTRICT COORDINATOR OF AKSHAYA, AKSHAYA DISTRICT PROJECT OFFICE, RUBCO BUILDING, KANNUR, PIN – 670002.

¶48

THE DISTRICT PROJECT MANAGER & THE ASSISTANT
DISTRICT COORDINATOR OF AKSHAYA, AKSHAYA
DISTRICT PROJECT OFFICE, KASARAGOD, PIN 671121.

¶49

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶50

-4-

¶51

*ADDRESS OF R2 AND R3 CORRECTED AS PER ORDER
DATED 01.03.2023 IN I.A.NO.1/2023 IN
WP(C)NO.4354/2023.

¶52

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.09.2023, ALONG WITH WP(C).12111/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶53

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶54

-5-

¶55

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶56

PRESENT

¶57

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶58

FRIDAY, THE 15TH DAY OF SEPTEMBER 2023 / 24TH BHADRA,

¶59

WP(C) NO. 4507 OF 2023

¶60

PETITIONER:

¶61

PREEJI K., AGED 34 YEARS,
D/O P. K. KRISHNAN, KAVANAL PERIYATTU HOUSE,
ERAMAM P.O, PAYYANNUR, KANNUR, PIN – 670307.

¶62

BY ADV MANAS P HAMEED

¶63

RESPONDENTS:

¶64

1 THE DIRECTOR, AKSHAYA PROJECT, AKSHAYA STATE PROJECT OFFICE, VRINDAVAN GARDENS, POTTAKUZHI, PATTOM P.O, THIRUVANANTHAPURAM, PIN – 695001.

¶65

2 THE DISTRICT COLLECTOR & THE CHIEF COORDINATOR OF AKSHAYA, COLLECTORATE, KANNUR, PIN – 670002.

¶66

3 THE DISTRICT PROJECT MANAGER & THE ASSISTANT DISTRICT COORDINATOR OF AKSHAYA, AKSHAYA DISTRICT PROJECT OFFICE, RUBCO BUILDING, KANNUR, PIN – 670002.

¶67

BY ADV.SRI. P.S.APPU, GP

¶68

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.09.2023, ALONG WITH WP(C).12111/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶69

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶70

-6-

¶71

JUDGMENT

¶72

[WP(C) Nos.12111/2023, 3142/2023, 4354/2023, 4507/2023]

¶73

These writ petitions have been heard

¶74

together, since the factual circumstances
presented in them are analogous and the
reliefs sought for are interlayered.

¶75

2. The petitioners in these case were
originally holding licences to run ‘Akshaya
Centre’, under the Information Technology
Department of the Government of Kerala; but,
they have now been issued with notices
cancelling the same on various grounds.

¶76

3. The common thread running through

¶77

these cases is that, in each of these
matters, the petitioners themselves sought
that their licences be transferred to other
persons they had identified; but the reasons
stated for this by them are different.

¶78

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶79

cited the reason that they had obtained other
employment; while, the petitioners in other

¶80

two cases said that they are unable to

¶81

continue because of debilitating diseases
like cancer and Cervical Spondylosis.

¶82

competent Authority has now cancelled the
licences and that steps are being taken to

¶83

relinquish it to other persons.

¶84

have approached this Court, impugning the

¶85

orders of the Authority cancelling the
licences – copies of which have been produced
as Ext.P4 in W.P.(C)Nos.4507/2023 and

¶86

3142/2023andasExt.P6inW.P.

¶87

(C)No.4354/2023 and W.P.(C)No. 12111/2023.

¶88

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶89

Pleader, vehemently argued that, going by the

¶90

applicable Scheme, the transfer of an
‘Akshaya Centre’ can be allowed only if the
licensee has obtained a government employment
or he/she is suffering from some disease or
condition, which makes it impossible for
him/her to do so. He submitted that, even in
such cases, only close relatives like father,
mother, brothers, sisters and children can be
granted such benefit; but, that in these
cases, it is luculent that the petitioners
have identified persons of their choice and
appear to have entered into agreements with
them for such transfer. He submitted that
these actions are illegal and therefore, that

¶91

the impugned orders are without any error.

¶92

8. In reply, however, the learned

¶93

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶94

counsel for the petitioners – Sri.Manas
P.Hameed and Sri.Anzar Basheer, submitted
that the conditions for transfer of ‘Akshaya
Centre’ are available in Ext.P6 order of the
Government - produced along with W.P.
(C).No.4507/2023 - making it indubitable

¶95

that, in case a person does not have a close
relative as mentioned therein, the Director
can always consider their request for
transfer to a third party; but that, in this
case, this has been refused to be done. They
also complained that, while issuing the
impugned orders, none of their clients were
heard and that this smacks of violation of

¶96

the basic principles of natural justice.

¶97

9. I have evaluated the afore rival

¶98

submissions, on the touchstone of various
materials available on record.

¶99

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶100

10.As I have already said above, the

¶101

common complaint of the petitioners, against

¶102

the impugned orders - which have cancelled

¶103

their licences to run the ‘Akshaya Centre’ is

¶104

that they were not heard before they were
issued.

¶105

petitioners in two of the above cases are
concerned, their licences have been cancelled
because they have obtained other employments;

¶106

while, in the case of two others, it is on
their request that this has been done, since
they admit that they are unable to run the
‘Akshaya Centre’ on account of grave
diseases.

¶107

assessment of the rival submissions, that it
is without much of a contest in these cases

¶108

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶109

that impugned orders have been issued without
hearing the petitioners.

¶110

13. This is crucial because the learned

¶111

counsel for the petitioners now says that, as

¶112

far as their clients in W.P.(C)Nos.4507/2023

¶113

and 12111/2023 are concerned, they are

¶114

willing to give up their employment and to
run the ‘Akshaya Centre’, provided the
impugned orders are set aside and the
licences renewed; while, as regards the

¶115

petitioners in other two writ petitions, they
say that the afore provisions in Ext.P6,
produced along with W.P.(C).No.4507/2023,

¶116

will help them, since they have no close

¶117

relatives. They further assert that their
health condition has now vastly improved and

¶118

that they are now capable of operating the
Centres in question.

¶119

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶120

Since these factual aspects have never

¶121

been considered by any of the competent

¶122

Authorities, and because it remains
uncontroverted that they were not heard when

¶123

the impugned orders were issued, I am certain

¶124

that these writ petitions are deserving of

¶125

being ordered in the following manner:

¶126

(a)I allow W.P.(C).Nos.4507/2023 and

¶127

12111/2023, directing the Director to

¶128

reconsider Ext.P4 in the former and Ext.P6

¶129

in the latter and take a decision on the plea
of the petitioners that they are willing to

¶130

give up their present employments and
continue with the ‘Akshaya Centre’ without
transfer. For this purpose, the petitioners

¶131

will make appropriate applications before the
said Authority within a period of two weeks

¶132

from the date of receipt of a copy of this

¶133

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶134

judgment.

¶135

3142/2023 are allowed, directing the Director

¶136

to reconsider the claim of the petitioners,

¶137

dehors the impugned orders, adverting
specifically to the order of the Government
No.G.O.(Ms).No.24/2021/ITD dated 30.07.2021 –

¶138

a copy of which is on record as Ext.P6 along
with W.P.(C).No.4507/2023 – as also to their
singular contention that they have no near
relatives and therefore, being entitled to
transfer the licences to others. Their
alternative submission, that they have now
regained their health and are now ready to
conduct the ‘Akshaya Centres’ on their own,
will also be taken into account.

¶139

(c)The afore exercises shall be

¶140

completed by the Director, as expeditiously

¶141

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶142

-14-

¶143

as is possible, but not later than one month
from the date of receipt of a copy of this
judgment; until which time, status quo with
respect to the ‘Akshaya Centres’ in question
shall be maintained.

¶144

Sd/-

¶145

DEVAN RAMACHANDRAN

¶146

JUDGE

¶147

akv

¶148

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶149

-15-

¶150

APPENDIX OF WP(C) 3142/2023

¶151

PETITIONER EXHIBITS

¶152

EXHIBIT P1A TRUE COPY OF THE AGREEMENT DATED
13.05.2022 EXECUTED BETWEEN THE
PETITIONER AND THE 2ND RESPONDENT
EXHIBIT P2A TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 29.04.2022 ISSUED FROM MVR
CANCER CENTRE & RESEARCH INSTITUTE,
KOZHIKODE
EXHIBIT P3A TRUE COPY OF THE APPLICATION DATED
NIL SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT
EXHIBIT P4A TRUE COPY OF THE ORDER DATED
16.01.2023 ISSUED BY THE 1ST
RESPONDENT
EXHIBIT P5A 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 P6A 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 P7A TRUE COPY OF JUDGMENT DATED
09.11.2022 IN W.P.(C).NO.32686 OF 2022
(A.M.HAMEEDKUTTY VS. THE DIRECTOR,
AKSHAYA PROJECT & OTHERS) PASSED BY
THIS HON'BLE COURT

¶153

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶154

-16-

¶155

APPENDIX OF WP(C) 4354/2023

¶156

PETITIONER EXHIBITS

¶157

`EXHIBIT P1`	`A TRUE COPY OF CERTIFICATE OF AKSHAYA` `ENTREPRENEURSHIP DATED NIL ISSUED BY` `THE KERALA STATE I.T. MISSION,` `GOVERNMENT OF KERALA`
`EXHIBIT P2`	`A TRUE COPY OF THE CERTIFICATE FOR` `ILLNESS DATED 28.10.2021 ISSUED FROM` `SRI RISHI AYURVEDA CONCEPTS, PARAPPA,` `KASARAGOD`
`EXHIBIT P3`	`A TRUE COPY OF THE APPLICATION DATED` `30.12.2021 SUBMITTED BY THE PETITIONER` `BEFORE THE 2ND RESPONDENT`
`EXHIBIT P4`	`A TRUE COPY OF RESOLUTION NO.19/1` `DATED 18.09.2021 ISSUED BY THE` `KINANNOOR KARINTHALAM GRAMA PANCHAYAT`
`EXHIBIT P5`	`A TRUE COPY OF LETTER DATED 04.04.2022` `COMMUNICATED BY THE 2ND RESPONDENT TO` `THE 1ST RESPONDENT`
`EXHIBIT P6`	`A TRUE COPY OF THE ORDER DATED` `30.01.2023 ISSUED BY THE 1ST` `RESPONDENT`
`EXHIBIT P7`	`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 P8`	`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`

¶158

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶159

-17-

¶160

EXHIBIT P9A TRUE COPY OF JUDGMENT DATED
09.11.2022 IN W.P.(C).NO.32686 OF 2022
(A.M.HAMEEDKUTTY VS. THE DIRECTOR,
AKSHAYA PROJECT & OTHERS) PASSED BY
THIS HONOURABLE COURT

¶161

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶162

-18-

¶163

APPENDIX OF WP(C) 4507/2023

¶164

PETITIONER EXHIBITS

¶165

`EXHIBIT P1`	`A TRUE COPY OF THE AGREEMENT DATED` `30.05.2022 EXECUTED BETWEEN THE PETITIONER` `AND THE 2ND RESPONDENT DISTRICT` `COLLECTOR/CHIEF COORDINATOR ON BEHALF OF` `THE DEPARTMENT OF INFORMATION TECHNOLOGY,` `GOVERNMENT OF KERALA`
`EXHIBIT P2`	`A TRUE COPY OF THE APPLICATION DATED` `03.12.2022 SUBMITTED BY THE PETITIONER` `BEFORE THE 2ND RESPONDENT`
`EXHIBIT P3`	`A TRUE COPY OF THE CERTIFICATE DATED` `01.08.2022 ISSUED BY THE SECRETARY,` `PAYYANNUR MUNICIPALITY`
`EXHIBIT P4`	`A TRUE COPY OF THE ORDER DATED 30.01.2023` `ISSUED BY THE 1ST RESPONDENT`
`EXHIBIT P4(A)`	`A TRUE COPY OF NOTICE DATED 03.02.2023` `ISSUED BY THE 3RD RESPONDENT`
`EXHIBIT P5`	`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 P6`	`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 P7`	`A TRUE COPY OF JUDGMENT DATED 09.11.2022` `IN W.P.(C).NO.32686 OF 2022` `(A.M.HAMEEDKUTTY VS. THE DIRECTOR, AKSHAYA` `PROJECT & OTHERS) PASSED BY THIS HON'BLE` `COURT`

¶166

WP(C)Nos.12111, 3142, 4354 & 4507/2023

¶167

-19-

¶168

APPENDIX OF WP(C) 12111/2023

¶169

PETITIONER EXHIBITS

¶170

`EXHIBIT P1`	`A TRUE COPY OF THE AKSHAYA` `ENTREPRENEURSHIP CERTIFICATE OF THE` `PETITIONER BEARING CSCDNO.` `539004110015`
`EXHIBIT P2`	`A TRUE COPY OF THE TRANSFER` `APPLICATION DATED 17/08/2022`
`EXHIBIT P3`	`TRUE PHOTOCOPY OF THE LETTER OF THE` `2ND RESPONDENT DISTRICT COLLECTOR` `BEARING NO AKSHYA/25/08/KTM DATED` `12/09/2022`
`EXHIBIT P4`	`A TRUE COPY OF THE EMAIL COMMUNICATION` `DATED 28/ 12/2022 RECEIVED BY THE` `PETITIONER FROM THE 4TH RESPONDENT`
`EXHIBIT P5`	`A TRUE COPY THE REPRESENTATION` `SUBMITTED BY THE PETITIONER DATED` `30.12.2022 TO THE 4TH RESPONDENT`
`EXHIBIT P6`	`A TRUE COPY OF THE ORDER PASSED BY THE` `4TH RESPONDENT DATED 9.03.2023`
`EXHIBIT P7`	`A TRUE COPY OF THE LAST RENEWED` `AGREEMENT DATED 30/5/2022`
`EXHIBIT P8`	`A TRUE COPY OF THE EMAIL COMMUNICATION` `DATED 15.3.2023`
`EXHIBIT P9`	`A TRUE COPY OF THE REPRESENTATION` `GIVEN BY THE PETITIONER TO THE 4TH` `RESPONDENT DATED 23.3.2023`

Gopalakrishnan a. v. the Director, Akshaya Project

Case brief

What is this about?

What did the court decide?

Gopalakrishnan a. v. the Director, Akshaya Project

Case brief

What is this about?

What did the court decide?

What the court decided

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