IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 31601 of 2007(K) -------------------------- PETITIONER: -------------- MR.KRISHNAN K.V. EX NAIK NO. 13906652,RESIDING AT "KRISHNA" P.O.MELUR (VIA) PALAYAD, THALASSERY KANNUR DIST-670 601. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: ----------------- 1. THE ZILA SAINIK WELFARE OFFICER ZILA SAINIK WELFARE OFFICE, BERNASSERI, KANNUR. 2. THE STATE SAINIK WELFARE OFFICER VIKAS BHAVAN, TRIVANDRUM. 3. MR.K.L.AGARWAL, C 625/ BRIDGE BHAVAN, PUTHUVIHAR RAJASTHAN, PIN 301001 NOW AT KANNUR AS CANTEEN CONTRACTOR DSC CENTER, ZILA SAINIK OFFICE, BERNASSERI, KANNUR. 4. UNION OF INDIA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF DEFENCE, NEW DELHI. ADDL.R5. THE COMMANDANT, RAKSHA SURAKSHA CORPS CENTER, DEFENCE SECURITY CORPS CENTER, PIN-901277. (ADDL.R5 IMPLEADED AS PER ORDER IN IA NO.296/08 DT.31/3/2008) BY ADV. SRI.GEORGE JOSEPH, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 31601 OF 2007 K ==================== Dated this the 31st day of March, 2008 J U D G M E N T The petitioner, an Ex-serviceman, was running an ESM Tea stall and submits that though the Government orders required that the said tea stall can be entrusted only to Ex-servicemen, the authorities have entrusted the tea stall to the 3rd respondent. 2. Counter affidavit has been filed by the respondents, in which it is admitted that the ESM Tea Stall is reserved for Ex-servicemen. According to the respondents, it is not to the 3rd respondent, who has been entrusted the tea stall, but to one Sri.K.V.Krishnan, an Ex-serviceman. This contention is not in dispute. If that be so, in the matter of entrustment of the ESM Tea Stall, which was run earlier by the petitioner, there is no violation of any of the Government orders. This contention, therefore is rejected. 3. Counsel now contends that the Wet Canteen, in the DSC Centre, cannot be opened to all to quote. Since that is not an issue WPC 31601/07 :2 : covered by the pleadings in this case, I am not inclined to examine the correctness of the contentions urged in respect of the Wet Canteen. Leaving it open to the petitioner to seek appropriate relief in so far as the Wet Canteen is concerned, this writ petition is closed. ANTONY DOMINIC,JUDGE. Rp