Akshaya E-Center v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 WP(C).No. 1151 of 2015 (T) --------------------------- PETITIONER(S)/PETITIONERS:- ----------------------------------------------
1. AKSHAYA E-CENTER PERUMBAVOOR MUNICIPALITY (OUSHADI JUNCTION) REPRESENTED BY THE ENTREPRENEUR, ABDUL JALEEL S/O.JABBAR.
2. AKSHAYA E-CENTRE, EZHIKARA PANAHCYATH, REPRESENTED BY THE ENTREPRENEUR SALJITH P.R., AGED 45 YEARS, S/O.RAMACHANDRAN.
3. AKSHAYA E-CENTRE, ELANKUNNAPUZHA PANCHAYATH REPRESENTED BY THE ENTREPRENEUR, MARTIN, S/O.GEORGE, AGED 44 YEARS.
4. AKSHAYA E-CENTRE, KUNATHUNAD PANCHAYATH REPRESENTED BY THE ENTREPRENUE, K.P.KURIAKOSE, AGED 46 YEARS S/O.POULOSE.
5. AKSHAYA E-CENTRE, VENGOLA PANCHAYATH, REPRESENTED BY THE ENTREPRENUE JOJI, AGED 35 YEARS, S/O.K.C.YACOB.
6. AKSHAYA E-CENTRE, MANJALOOR PANCHAYATH, REPRESENTED BY THE ENTREPRENUE AMBILY PRABHA, AGED 39 YEARS, W/O.AJITH.
7. AKSHAYA E-CENTRE, AYAVANA PANCHAYATH, REPRESENTED BY THE ENTREPRENUE CINU P.MANI, AGED 30 YEARS, W/O.SIJU.
BY ADVS.SRI.C.A.NAVAS SRI.T.K.SASIKUMAR SRI.P.A.SHAJI SAMAD SRI.C.J.SOLOMAN SMT.E.G.AMBILY RESPONDENT(S)/RESPONDENTS:-:
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1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT CIVIL SUPPLIES DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 698 001.
WP(C).No. 1151 of 2015
2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT INFORMATION AND TECHNOLOGY DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 698 001.
3. THE DIRECTOR, KERALA STATE I.T MISSION, GOVERNEMNT OF KERALA VELLAYAMBALAM, THIRUVANANTHAPURAM - 698 001.
4. THE REGISTRAR, C-DIT, CHITRANJALI HILLS, THIRUVALLAM THIRUVANANTHAPURAM, PIN - 695 027.
5. THE DISTRICT COLLCTOR, COLLECTORATE, KAKKANAD, ERNAKULAM - 682 030.
6. THE DIRECTOR, STATE AKSHAYA PROJECT, MANJALIKULAM ROAD, THAMBANOOR THIRUVANANTHAPURAM - 698 001.
7. THE DISTRICT CO-ORDINATOR, STATE AKSHAYA PROJECT, DISTRICT OFFICE, KAKKANAD ERNAKULAM- 682 030.
R4 BY SRI.C.S.AJITH PRAKASH, SC, C-DIT R1,R2,R3,R5,R6,R7 BY GOVERNMENT PLEADER SRI.REFEEK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-06-2015, ALONG WITH WP(C).NO. 1734/2015, WP(C).NO. 2562/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1151 of 2015 (T) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. PHOTOSTAT COPY OF THE GOVERNMENT ORDER NO.G.O(MS) NO.25/2009/ITD DATED 06.10.2009.
EXHIBIT P2. PHOTOSTAT COPY OF THE SPECIMEN APPLICATION FORM. EXHIBIT P3. THE PHOTOSTAT OF THE PAPER PUBLICATION REPORTED IN MATHRUBHUMI DAILY DATED 05.01.2015.
EXHIBIT P4. THE PHOTOSTAT OF THE PAPER PUBLICATION REPORTED IN MATHRUBHUMI DAILY DATED 08.01.2015.
EXHIBIT P5. THE PHOTOCOPY OF THE PAPER PUBLICATION REPORTED IN MATHRUBHUMI DAILY DATED 09.01.2015.
EXHIBIT P6. THE PHOTOSTAT COPY OF THE GOVERNMENT ORDER NO.G.O(MS) NO.70/2012/LABOUR DATED 16.06.2012.
RESPONDENT(S)' EXHIBITS --------------------------------------- EXHIBIT.R4(A):COPY OF THE G.O.(MS) NO.3/2000/ITD DATED 22/2/2000 OF THE IT DEPARTMENT.
EXHIBIT R4(B):COPY OF THE G.O.(MS) NO.13/2000/ITD DATED 28/7/2000 OF THE IT DEPARTMENT.
EXHIBIT R4(C):COPY OF THE GO(RT) NO.292/14/F&CSD DATED 27.9.2014 APPOINTING C-DIT AS THE TSP TO THE RRCP PROJECT.
EXHIBIT R4(D):COPY OF THE G.O.(MS)NO.253/09/F&CSD DATED 11.8.2009 ISSUED BY THE FOOD AND CIVIL SUPPLIES (B) DEPARTMENT.
/TRUE COPY/ P.A. TO JUDGE SKV
P.V.ASHA, J.
========================= W.P.(C). Nos.1151,1734 & 2562 OF 2015, ========================== Dated this the 2nd day of June, 2015
JUDGMENT
The petitioners in all these cases are running Akshaya E-Centres in various Districts. When the renewal work of ration card was allotted to the C-DIT, they approached this court for a declaration that the allotment to the 4th respondent is illegal and that the petitioners and other similar Akshaya E-Centre entrepreneurs are the most eligible Governmental agency for doing the renewal of ration card work proposed by the Government.
2.
Learned Standing Counsel for the 4th respondent - C-DIT submitted that a portion of the Data Entry work has already been given to them by the Government in accordance with the G.O.No.(Ord)No.90/15FCSD dated 17.3.2015.
3.
It is also pointed out that in case the petitioners are furnishing any grievances in the matter they are free to approach the Government/District Collector which is the
W.P.(C). Nos.1151,1734 & 2562 OF 2015 - 2competent authority to consider the same. 4.
In the said circumstances this writ petition is closed relegating the petitioners to approach the District Collector with necessary application in respect of this matter within a period of 3 weeks. The 5th respondent shall thereupon consider the same and pass appropriate orders, after affording an opportunity of hearing to the petitioners, within a further period of 2 months from the date of receipt of a copy of the judgment.
Petitioners shall produce a copy of the judgment along with their representation. The contentions raised in the petition is left open.
Accordingly, this writ petition is disposed of. Sd/- P.V.ASHA, JUDGE SKV