IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 25^TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946 WP(C) NO. 33827 OF 2024 PETITIONER/S:

MUSTHAFA K AGED 40 YEARS S/O.LATE UMMER HAJI K.P, KULUKKAMPARA HOUSE, NATTUKAL PO, PALAKKAD DISTRICT-678554 REPRESENTED BY HIS WIFE AND POWER OF ATTORNEY HOLDER MUBASHIRA, AGED 29 YEARS W/O. MUSTHAFA.K, KULUKKAMPARA HOUSE, NATTUKAL PO, PALAKKAD DISTRICT, PIN – 678554.

BY ADVS.

K.MOHANAKANNAN MAYA S. KUMAR RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, ELECTRONICS INFORMATION TECHNOLOGY©DEPARTMENT, GOVERNMENT SECRETARIAT . THIRUVANANTHAPURAM, PIN – 695001.

2 THE DIRECTOR OF AKSHAYA PROJECTS AKSHAYA PROJECT OFFICE, T. 25/2146, THYVILA, 1 ST FLOOR, THYVILA ROAD, NEAR MANJALIKULAM GROUND, THAMPANOOR, THIRUVANANTHAPURAM, PIN – 695001.

3 DISTRICT COLLECTOR AND CHIEF CO-ORDINATOR AKSHAYA PROJECT, COLLECTORATE, PALAKKAD, PIN – 678001.

4 THE DISTRICT PROJECT MANAGER ASHAYA PROJECT, PARAKKUNNAM, PALAKKAD, KERALA, PIN – 678001.

5 THE ASSISTANT DISTRICT CO-ORDINATOR AKSHAYA DISTRICT PROJECT OFFICE, PALAKKAD, PIN – 678001.

SMT. DEEPA NARAYANAN, SR. GP.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner was sanctioned an Akshaya Centre in the year 2008. He later obtained employment abroad and left the country after executing a power of attorney for conducting the Akshaya Centre in favour of his wife. By Ext.P5, the allotment of the Akshaya Centre to the petitioner was cancelled for that reason and that decision has been upheld by Ext.P12. The reason for cancellation is that the petitioner is not conducting the Akhsaya Centre. Aggrieved, this writ petition is filed.

2. When this matter is taken up for consideration, learned counsel for the petitioner referred to Ext.P13 Government Order dated 17.10.2024 and submitted that the Government is now permitting transfer of Akshaya Centres to near relatives, on the allottee securing employment abroad.

3. Learned Government Pleader submitted that the application seeking transfer of Akshaya Center to the name of the petitioner’s wife was made on the ground of petitioner’s physical disability and not his employment abroad. Ieven otherwise, the petitioner will not be benefited by Ext.P13 since his licence was cancelled much earlier.

In so far as the Government has come out with Ext.P13, relaxing the conditions in Ext.P7, the writ petition is disposed of permitting the petitioner to make a request for availing the benefit of Ext.P13 and directing the 3^rd respondent to take a decision on such request. The decision shall be taken within one month of the petitioner submitting his request, after affording him an opportunity of hearing.

Sd/-

V.G.ARUN JUDGE Sru APPENDIX OF WP(C) 33827/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLIANCE CERTIFICATE ISSUED BY THE 5TH RESPONDENT DATED 24-3-2008.

Exhibit P2 TRUE COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER DATED 31-3-2008 WITH ANNEXURES.

Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AKSHAYA PROJECT OFFICE TO THE PETITIONER DATED NIL.

Exhibit P4 TRUE COPY OF THE PROCEEDINGS NO.AKS/136/2023-

PA3 ADMIN(ASPO) OF THE 2ND RESPONDENT DATED

13-5-2023.

Exhibit P5 TRUE COPY OF THE PROCEEDINGS NO.AKS/136/2023/PA3/ADMIN(ASPO)640 DATED 10-

7-2023 OF THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE COMMUNICATION SENT BY THE

4TH RESPONDENT TO THE PETITIONER IS DATED 20-

7-2023.

Exhibit P7 TRUE COPY OF THE GOVERNMENT ORDER GO(MS)24/2019/ITD DATED 30-10-2019.

Exhibit P8 TRUE COPY OF THE GO(MS)NO. 24/2021/ITD DATED

30-7-2021.

Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC NO.

24303/2023 DATED 25.07.2023.

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED

31.07.2023 SUBMITTED BY THE PETITIONER IN TERMS OF EXT. P9 JUDGMENT.

Exhibit P11 TRUE COPY OF THE COMMUNICATION SEND BY THE

4TH RESPONDENT TO THE PETITIONER DATED

10.09.2024..

Exhibit P12 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 21.