MUHSIN T P Vs. DISTRICT COLLECTOR, MALAPPURAM

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P1 enquiry report submitted by the committee appointed by the 3rd respondent, i.e., the Parappur Grama Panchayat, and Ext.P6 order passed by the District Collector dated 22.05.2018, cancelling the Akshaya Centre allotted to the petitioner. Brief material facts for the disposal of the writ petition are as follows:

(2.) According to the petitioner, on the basis of certain frivolous complaints, the 3rd respondent Panchayat had constituted an enquiry committee against the conduct of Akshaya Centre by the petitioner. The said enquiry committee, without hearing the petitioner as well as without serving notice to him, recommended to take steps to terminate petitioner's licence. It is further submitted that, Ext.P1 report is prepared contrary to Clause F(ii) of the entrepreneurship agreement. Earlier, the District Collector has passed an order terminating petitioner's licence, which was challenged by the petitioner before this Court, and accordingly, Ext.P2 judgment was rendered quashing the proceedings of the District Collector, and directing to re-consider the matter after providing an opportunity of participation and hearing, and attain finality within two months from 20.02.2018, on which date, petitioner was directed to appear before the District Collector. On the basis of Ext.P2 judgment, petitioner appeared before the 1st respondent and filed Ext.P3 reply, Ext.P4 application to examine witnesses and Ext.P5 argument notes, however, the 1st respondent has passed Ext.P6 non-speaking order, is the paramount contention advanced by the petitioner. It is thus seeking to secure the reliefs specified above, this writ petition is filed.

(3.) The 2nd respondent, i.e., the District Project Manager, Akshaya District Project Office, Malappuram has filed a detailed counter affidavit, refuting the allegations and claims and demands raised by the petitioner. According to the 2nd respondent, the cancellation of licence of the Akshaya Centre was made due to the reason that the licence of the Akshaya Centre granted to the petitioner has expired and the petitioner has not applied for renewal within the stipulated time as per the terms of the agreement. The failure on the part of the petitioner in submitting the application for renewal is violation of the agreement conditions C(i) and C(iv), whereby it is prescribed that the agreement shall be valid for three years and can be renewed as per the norms laid by Akshaya on triennial basis, and if the Akshaya Centre Entrepreneur is not submitting the renewal request within three months as per the norms of agreement, the Akshaya e-Kendra automatically gets cancelled and the entrepreneur shall get blacklisted for further allocation, and cannot be considered for that Akshaya selection process.