Rajan K.R. Vs Superidentant

4 ADDL.R4: LIONS CLUB OF TRISSIVAPAROOR, REPRESENTED BY ITS PRESIDENT, SIVAGANGA NEAR SIVA TEMPLE, VIYYUR P.O., THRISSUR - 680010 ADDL.R4 IS IMPLEADED AS PER ORDER DATED 14.03.2019 IN IA 1/2019.

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W.P.(C) No. 436 of 2019

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2025:KER:25018

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BY ADV GOVERNMENT PLEADER SRI T JAYAN GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 436 of 2019

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HARISANKAR V. MENON, J

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W.P.(C.) No. 436 of 2019

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-----------------------------------------------Dated this the 14^th day of March 2025

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JUDGMENT

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The petitioners contend that they were running coffee vending stalls attached to the Government Medical College, Thrissur, on account of their disability status pursuant to orders issued by the Government. The petitioners contend that they were directed to vacate the coffee vending stalls without any authority or basis.

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Heard Sri.K.A.Sreejith, the learned counsel for the petitioner, and Sri.T.Jayan, the learned Government Pleader.

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In view of the rival contentions, the State of Kerala, represented by the Secretary of the Social Justice Department, is impleaded suo motu as additional respondent No. 4.

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Sri.T.Jayan, the learned Government Pleader, would also point out with reference to the written instruction dated 25.04.2022, that on the basis of the Government Order at Ext.P6, the coffee vending stalls have been auctioned to 3^rd parties and the said 3^rd parties are running the stalls at present.

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W.P.(C) No. 436 of 2019

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It is noticed that this Court in W.P.(C) No.4429 of 2013, found the requirement to provide the facilities to persons like the petitioners here with reference to the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,1995.

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On the basis of the directions in Ext.P5, the Government has issued Ext.P6 order dated 08.01.2018, earmarking certain percentage of the total stalls in the medical colleges, for persons like the petitioners. It is on the basis of the afore, Ext.P7 has been issued to the President of the Town Lions Club, Thrissur, to vacate the coffee vending stalls. In the light of the afore, I notice that there was no agreement between the petitioner and the Government regarding premises. However, Sri. Sreejith would point out that the petitioners were running the stalls on the basis of permission from the Lions Club.

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I further notice that on the basis of directions issued by this Court in W.P.(C.) No.6979 of 2018, the representation filed by the petitioners was considered, leading to the issue of Ext.P13 Government Order. In the Government Order, the actual state of affairs - the running of the coffee kiosk by the Lions

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Club, etc. has been noticed and found that on the basis of the directions issued by this Court in W.P.(C). 4429 of 2013, separate yardsticks have been framed for starting coffee vending stalls by persons like petitioners herein. In the light of the afore, I notice that the petitioners have a contention that they were permitted to run the stores, on the basis of orders issued by the Government on a mercy petition.

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In the light of the afore, I am of the opinion that this writ petition can be disposed of by permitting the petitioners to make an appropriate representation to the Government, pointing out the facts and figures, seeking appropriate orders permitting them to run the coffee kiosk. The petitioner to file such a representation within a period of four weeks from today. If such a representation is being filed, the Government to consider the same and pass appropriate orders within a further period of four weeks thereafter.

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Sd/HARISANKAR V. MENON, JUDGE

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sjb/14.03.2025

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W.P.(C) No. 436 of 2019

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APPENDIX OF WP(C) 436/2019

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PETITIONER EXHIBITS

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EXHIBIT P1	THE TRUE COPY OF THE DISABILITY CERTIFICATE
	OF THE 1ST PETITIONER.

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EXHIBIT P2	THE TRUE COPY OF DECISION TAKEN IN THE MEETING OF HOSPITAL DEVELOPMENT COMMITTEE HELD ON 19/5/2014.
EXHIBIT P3	THE TRUE COPY OF LETTER OF 3RD RESPONDENT TO 1ST RESPONDENT
EXHIBIT P4	THE TRUE COPY OF AGREEMENT.
EXHIBIT P5	THE TRUE COPY OF THE JUDGMENT OF W.P.(C) 4429/2013
EXHIBIT P6	THE TRUE COPY OF GO G.O (RT) NO. 7/18 SJD DATED 8/1/2018
EXHIBIT P7	THE TRUE COPY OF THE NOTICE ASKING PETITIONERS TO QUIT.
EXHIBIT P8	THE TRUE COPY OF THE JUDGMENT IN W.P.(C) 6979/2018

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EXHIBIT P9 THE TRUE COPY OF REPRESENTATION SUBMITTED
BY PETITIONERS BEFORE 1ST RESPONDENT.

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EXHIBIT P10	THE TRUE ASKING PE ON 9/4/201	COPY OF TITIONERS 8	NOTICE DATED 24/3/2018 TO APPEAR FOR HEARING
EXHIBIT P11	THE TRUE THRISSUR HELD A ME	COPY OF THALUK ETTING ON	THE SAID DECISION OF DEVELOPMENT COMMITTEE 7/7/2018
EXHIBIT P12	THE TRUE 14106/2018	COPY OF .	THE JUDGMENT IN W.P.(C)

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W.P.(C) No. 436 of 2019

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EXHIBIT P13 THE TRUE COPY OF THE ORDER DATED 19/12/2018. EXHIBIT P14 THE TRUE COPY OF THE INVITATION TENDER.

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RESPONDENTS EXHIBITS

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ANNEXURE R1(a) A TRUE COPY OF THE LETTER NO. tourfed/hcs/2017/273 DATED 13.10.2017.

Rajan K.R. v. Superidentant

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Rajan K.R. v. Superidentant

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