IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

THURSDAY, THE 6^TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946 WP(C) NO. 32489 OF 2018 PETITIONER:

SALAHUDIN A.

AGED 50 YEARS S/O MUHAMMED,NOOR MAHAL VEEDU,EDAVANNA PO,676541,MALAPPURAM BY ADVS.

P.SAMSUDIN JITHIN LUKOSE RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY SECRETARY TO INFORMATION TECHNOLOGY DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695001

2 THE DIRECTOR AKSHAYA STATE PROJECT OFFICE, KOCHUMADATHIL BUILDING , MANJAKKULAM ROAD, THIRUVANANTHAPURAM-

695 036

3 THE DIRECTOR KERALA STATE IT MISSION, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 014

4 DISTRICT SECRETARY AKSHAYA DISTRICT PROJECT OFFICE AND STATE LEVEL FIELD OFFICE, DISTRICT PANCHAYATH BHAVAN, CIVIL STATION, MALAPPURAM-676 505 BY SMT.SURYA BINOY - GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MOHAMMED NIAS C.P., J ............................................................

WP(C)NO.32489 of 2018 ............................................................. Dated this the 06^th day of March, 2025

JUDGMENT

The petitioner was running Akshaya Centre No.M 612 with Reg. No.KL01100020301 from 2003 at Edavanna in Malappuram District started in 2003 and he conducted the same upto 2006. The petitioner submits that he was permitted to reopen the centre as per Ext.P2 proceedings dated 04.12.2007. The petitioner submits that despite the passing of Ext.P2, the Project Office did not launch any projects for the sustenance and running of the Akshaya Centre. Though he had applied for sanction to run the Akshaya Centre again, there was no response from the respondents.

2. While so in 2013, applications were invited from entrepreneurs to start new Akshaya Centres in all districts including Malappuram. The petitioner did not participate when a new notification was called for. The prayer in the writ petition is to quash Ext.P11 order passed by the Akshaya State Project Office on 08.04.2016 much after the petitioner stopped running the Akshaya Centre stating that he had not made an application when they invited a fresh notification. The learned Government Pleader also submits that there are four centres permitted in the area in question.

3. The counter filed by the Government also shows that once an Akshaya Centre is closed, to open a Centre in the same location, fresh applications will be called and all candidates must go through a selection process and no exemption is given to anyone who was previously running the Akshaya Centre. Admittedly, the petitioner did not apply for the Akshaya Centre at Edavanna.

4. Under such circumstances, the impugned order calls for no interference and no reliefs can be granted in this writ petition. The dismissal of the writ petition will not prevent the petitioner from making a fresh application, in case a notification is called for.

Subject to the above, the writ petition is dismissed.

Sd/-

MOHAMMED NIAS C.P.

Anu JUDGE APPENDIX OF WP(C) 32489/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RESOLUTION PASSED BY THE EDAVANNA GRAMA PANCHAYATH DATED 06.11.2007 EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED

04.12.2007 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 20.2.2010 EXHIBIT P4 TRUE COPY OF THE PANCHAYATH LICENSE DATED

3.09.2012 EXHIBIT P5 TRUE COPY OF THE TAX RECEIPTS FOR THE YEAR

2009-2010 AND 2013-2014 EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED

23.12.2013 BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED

21.01.2014 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE GOVERNMENT ORDER (GO MS

17/2007) DATED 31.07.2007 EXHIBIT P9 TRUE COPY OF THE RANK LIST OF THE ENTREPRENEURS FROM MALAPPURAM DISTRICT.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 18.02.2015 OF THIS COURT IN WP(C) 5107 OF 2015.

EXHIBIT P11 TRUE COPY OF LETTER NO. 396/2015/AKS/129 OF THE