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2022 Supreme(Online)(Ker) 78952

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SANTHOSH P.N. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 11799/2022



IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 4TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944 WP(C) NO. 11799 OF 2022 PETITIONER:

SANTHOSH P.N. AGED 54 YEARS S/O NARAYANAN, PALAMOOTTIL HOUSE, EAST KALOR P.O., THODUPUZHA, PIN –

685 608, IDUKKI DISTRICT.

BY ADVS.

C.N.SREEKUMAR ANIL PRASAD SABU P.JOSEPH MANJU PAUL RESPONDENTS:

STATE OF KERALA

1 REPRESENTED BY SECRETARY, DEPARTMENT OF INFORMATION TECHNOLOGY, SECRETARIAT, THIRUVANANTHAPURAM – 695 001.

KERALA STATE IT MISSION, 2 REPRESENTED BY ITS DIRECTOR, ICT CAMPUS, VELLAYAMBALAM, THIRUVANANTHAPURAM – 695 003.

DIRECTOR, AKSHAYA STATE PROJECT OFFICE, SAANKETHIKA, 2ND FLOOR, 3 VRINDAVAN, PATTOM P.O., PIN – 695 004, THIRUVANANTHAPURAM.

THE DISTRICT COLLECTOR, 4 COLLECTORATE, KUYILMALA, IDUKKI – 685 603.

DISTRICT PROJECT MANAGER, 5 DISTRICT OFFICE, AKSHAYA, CIVIL STATION, PAINAVU, KUYILMALA, IDUKKI – 685 603.

DISTRICT COODINATOR, 6 DISTRICT OFFICE, AKSHAYA, CIVIL STATION, PAINAVU, KUYILMALA, IDUKKI – 685 603.

KUMARAMANGALAM GRAMA PANCHAYAT, 7 REPRESENTED BY ITS SECRETARY, KUMARANGALAM P.O., PIN –

685 608, THODUPUZHA, IDUKKI DISTRICT.

BY SMT. PRINCY XAVIER, SENIOR GOVERNMENT PLEADER.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 4th day of April, 2022 This writ petition is filed seeking the following reliefs:

“i) to call for the records of the publishing Exhibit P9 list in which Perumpillichira, Kumarangalam Panchayat is list in Sl.No.18 as vacant location of Akshaya e-centre In Idukki District and set aside the same.

ii) to declare that the 4th centre of Akshaya e- centre proposed to be start at Perumpillichira, Kumarangalam Panchayat, Idukki District is against the intention of the Government to establish Akshaya e-centre and liable to reconsidered with proper study and survey.

iii)to issue appropriate direction or order directing the respondents to stop all further proceedings for the selection of entrepreneurs to establish Akshaya e-centre, Perumpillichira, Kumarangalam Panchayat, Idukki District.”

2. Heard the learned counsel for the petitioner and the learned Government Pleader. In view of the directions being issued, notice to the 7th respondent is dispensed with.

3. The learned counsel for the petitioner submits that the petitioner is aggrieved by the sanctioning of a new Akshaya e-centre, as a 4th centre in the 7th respondent Panchayat, without proper survey and study. It is submitted that Exhibit P7 resolution of the Panchayat also supports the objection raised by the petitioner. Exhibit P8 is a representation submitted by the petitioner before the 3rd respondent and the petitioner seeks a consideration thereof.

Without expressing any view on the merits of the matter, there will be a direction to the 3rd respondent to take up Exhibit P8 representation and to consider and pass orders on the same, after hearing the petitioner as well as the District Panchayat. It is made clear that the best interest of the general public is to be looked into while passing orders as directed. Appropriate orders shall be passed within a period of six weeks from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/04/04 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TESTIMONIAL CERTIFICATE OF AKSHAYA E-CENTRE, KUMARAMANGALAM IDUKKI ISSUED TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE MINUTE'S BOOK OF 7TH RESPONDENT IN WHICH RECORDED THE DECISION TAKEN ON 10-04-2015 Exhibit P3 TRUE COPY OF THE 7TH RESPONDENT COMMITTEE DECISION DATED 22-06-2015 Exhibit P4 TRUE COPY OF THE MAP OF THE KUMARAMANGALAM PANCHAYATH, IDUKKI DISTRICT WITH LOCATION OF THE EXISTING AND PROPOSED AKSHAYA E-

CENTRE MARKED Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 28-

06-2019 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 3,4 AND 5 Exhibit P6 TRUE COPY OF THE LETTER NO.

037/AKS/IDK/2019 DATED 02-07-2019 ISSUED TO PETITIONER

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