JISHAMOL.V.M. Vs. DISTRICT COLLECTOR KAKKANAD

JUDGEMENT

(1.) This writ petition is filed challenging Exhibit P12 order of the District Collector and seeking a declaration that shifting of the Akshaya Centre of the petitioner to the present location at Piravom Mini Civil Station is illegal and that the petitioner is entitled to continue her Akshaya Centre in the present premises.

(2.) Heard learned counsel for the petitioner, the learned Government Pleader, the learned counsel appearing for the Piravom Municipality and the learned Senior Counsel appearing for the 4th respondent.

(3.) The petitioner claims to be a member of the Scheduled Caste community. She had participated in a selection conducted for starting an Akshaya Centre at Pazhoor LPS and was the only participant. Exhibit P1 proceedings dated 7.12.2013 were issued permitting the petitioner to operate the Akshaya Centre. Thereafter, the Piravom Grama Panchayat, by resolution dated 17.2.2014, decided to start an Akshaya Centre at Piravom Mini Civil Station. Thereafter, the petitioner was permitted to start her Akshaya Centre in the Mini Civil Station by Exhibit P3 proceedings dated 30.1.2014. It is stated that the 4 th respondent was conducting an Akshaya Centre at Kochupally, Piravom. The 2nd respondent, on 17.6.2017, informed the petitioner that a decision had been taken to entrust the Piravom Mini Civil Station Akshaya Centre to the 4th respondent. The petitioner, by Exhibit P7, was forced to agree with the said course of action, since her licence would be renewed only on that condition. Thereafter, Exhibit P8 proceedings directing closure of the Akshaya Centre of the petitioner at Piravom Mini Civil Station was issued. The petitioner submitted a representation, which was directed to be considered by the 1 st respondent by Exhibit P11 judgment. Thereafter, Exhibit P12 order was passed without considering the specific contentions of the petitioner, it is contended.