Nandini R. Nair v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 WP(C).No. 13717 of 2010 (L) ---------------------------- PETITIONER:

------------------- NANDINI R. NAIR, SASTHA NILAYAM, KMC 15/426, KALAKSHETRAM, PALACE ROAD KOTTAYAM-1.

BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S):

----------------------------

1. THE STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.

2. THE DIRECTOR, AKSHAYA MISSION, AKSHAYA STATE PROJECT OFFICE, HILL VIEW, VELLAYAMBALAM THIRUVANANTHAPURAM. 695 010

3. DISTRICT, PLANNING OFFICER AND CO-ORDINATOR, AKSHAYA DISTRICT PROJECT OFFICE OZHATHIL BUILDING, NR.RAILWAY STATION, KOTTAYAM. 686 002

4. KOTTAYAM MUNICIPALITY, REP. BY ITS SECRETARY, KOTTAYAM-1.

5. REKHA R., SANKARAMANGALAM, NAGAMPADOM, KOTTAYAM. 686 006 R4 BY ADVS. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) R1 BY GOVERNMENT PLEADER SRI. MANOJ P. KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13717 of 2010 (L) APPENDIX PETITIONER'S EXHIBITS P1 TRUE COPY OF THE GOVERNMENT BY ORDER DATED 31.07.2007 VIDE GO (MS) NO.17/2007/ITD P2 TRUE COPY OF THE EMAIL DATED 16.1.2009 P3 TRUE COPY OF THE LETTER FROM THE WARD COUNCILLOR OF THE KOTTAYAM MUNICIPALITY DATED 7.3.2009 P4 & P4(A) TRUE COPY OF THE LETTER DATED 30.9.2009 AND THE ENVELOPE EVIDENCING THE RECEIPT ON 22.10.2009 P5 TRUE COPY OF THE EMAIL DATED 29.10.2009 P6 TRUE COPY OF THE EMAIL DATED 28.1.2010 P7 TRUE COPY OF THE LETTER ADDRESSED TO THE 4TH RESPONDENT ALONG WITH ITS RECEIPT DATED 6.2.2010 P8 APPLICATION UNDER THE RTI DATED 10.3.2010 P9 REPLY FURNISHED UNDER RTI ACTED 8.4.2010 RESPONDENT'S EXHIBITS NIL //TRUE COPY// P.A. TO JUDGE JJJ

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 13717 of 2010 (L) ------------------------------------------ Dated this the 11th day of August, 2015

J U D G M E N T

The petitioner is aggrieved with the fact that the Akshaya e-centre allotted to the petitioner to be operated at Nagambadom, was cancelled despite the petitioner having made preparation to start the same.

2.

The cancellation order is seen at Ext.P4. Ext.P4 indicates that the cancellation was made since the petitioner did not comply with the conditions of the grant and did not commence the operations within 30 days as provided in the grant.

In such circumstance, this Court does not find any reason to interfere with the cancellation, especially at this stage, after five years. Writ petition would stand dismissed.

Sd/- K.VINOD CHANDRAN, JUDGE jjj