High Court of KeralaWP(C)/14465/2015disposed of

Lekha S v. State Of Kerala

2015-10-09Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 9TH DAY OF OCTOBER 2015/17TH ASWINA, 1937 WP(C).No. 14465 of 2015 (G) ---------------------------- PETITIONER :

--------------------- LEKHA S., D/O.VASUDEVAN PILLAI, AGED 42 YEARS, RESIDING AT SANKHNADAM, ANAYADI P.O., PALLICKAL VILLAGE, ADOOR TALUK PATHANAMTHITTA DISTRICT.

BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S) :

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

1. STATE OF KERALA REPRESENTED BY THE SECRETARY INFORMATION TECHNOLOGY (C) DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE DIRECTOR AKSHAYA, THIRUVANANTHAPURAM-695001.

R1 & R2 BY GOVT. PLEADER SRI. MANOJ P. KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

WP(C).No. 14465 of 2015 (G) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT-P1: TRUE COPY OF THE APPLICATION DATED 10.12.2014 SUBMITTED BY ONE MS. RAJI S. BEFORE THE SECRETARY, PALLIKKAL GRAMA PANCHAYATH ALONG WITH TRUE COPY OF THE REPLY DATED 23.12.2014 ISSUED BY THE SECRETARY, PALLICKAL GRAMA PANCHAYATH UNDER RIGHT TO INFORMATION ACT TO THE QUESTIONS OF THE PETITIONER.

EXHIBIT-P2:

TRUE COPY OF THE ORDER DATED 26.9.2014 ISSUED BY THE ADDITIONAL SECRETARY TO GOVERNMENT, INFORMATION TECHNOLOGY (C) DEPARTMENT.

EXHIBIT-P3:

TRUE COPY OF NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 17.3.2015 INVITING INVITATION FOR AKSHAYA CENTRE IN A PLACE LESS THAN 2 K.M. FROM THE AKSHAYA CENTRE OF PETITIONER.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------ //TRUE COPY// P.S. TO JUDGE Mn

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 14465 of 2015 ---------------------------------------- Dated this the 9th day of October, 2015

J U D G M E N T

Petitioner is an existing Akshaya entrepreneur at Adoor. The petitioner approached this Court alleging that the allocation of new Akshaya Centre in the same Grama Panchayat is in violation of Ext.P2 Government Order. In Ext.P2, it is stated as follows:- "(1) the maximum limit of Akshaya Centres in the Panchayat area shall be 4 numbers. In municipality area, it shall be 6 numbers.

(2)The number of Akshaya Centres in Corporation area shall be decided on the basis of the density of house holds and on the basis of request from the Corporation.

(3) The distance between two Akshaya Centres shall be maintained as 2 kilometers."

2. This Court is of the view that the petitioner shall address her grievance before the second respondent. This shall be done within a period of two weeks from the date of receipt of a copy of this judgment. The second respondent shall consider the same within a

WP(C).NO. 14465 of 2015 :-2-:

further period of four weeks, after notice to the petitioner. Till such a decision is taken, the interim order passed by this Court will continue. The writ petition is disposed of as above.

sd/- A.MUHAMED MUSTAQUE, Judge MBS/

WP(C).NO. 14465 of 2015 :-3-: