IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Friday, the 20th day of May 2022 / 30th Vaisakha, 1944
CONTEMPT CASE(C) NO. 158 OF 2022(S) IN OP(KAT) 41/2020
PETITIONER/PETITIONER IN O.P(KAT):
SHYBA T., AGED 38 YEARS, D/O.OMANA,
CASUAL SWEEPER (ON FIXED REMUNERATION),
OFFICE OF THE ASSISTANT ENGINEER (BUILDING SECTION),
PUBLIC WORKS DEPARTMENT, THIROOR, THRIKANIDYOOR (PO),
MALAPPURAM DISTRICT, PIN - 676 104. RESIDING AT:-
THACHARAKKAL HOUSE, NIRAMARETHOOR (PO), CHAKKARAMOOLA,
MALAPPURAM DISTRICT.
BY ADVS.M/S.M.V.THAMBAN,R.REJI,THARA THAMBAN,B.BIPIN,ARUN
BOSE,SUNEESH KUMAR R.,
RESPONDENTS/RESPONDENTS IN O.P(KAT):
1. SRI.ANAND SINGH IAS, WORKING AS THE SECRETARY TO THE
GOVERNMENT,DEPARTMENT OF PUBLIC WORKS,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM,PIN-695001
2. SMT.MADHUMATHI K.R, WORKING AS THE CHIEF ENGINEER,PUBLIC WORKS
DEPARTMENT,OFFICE OF THE CHIEF
ENGINEER(PWD),THRIRUVANANTHAPURAM,PIN-695003
3. IBRAHIM, WORKING AS THE ASSISTANT EXECUTIVE ENGINEER,BUILDING
SUB DIVISION,PUBLIC WORKS DEPARTMENT,PARAPPANANGADI
(PO),MALAPPURAM DISTRICT,PIN-676303,KERALA
4. SRI.SIRAJ, WORKING AS THE ASSISTANT ENGINEER(BUILDING
SECTION),PUBLIC WORKS
DEPARTMENT,THIROOR,THRIKANDIYOOR(PO),MALAPPURAM
DISTRICT,PIN-676104
5. SRI.RAJESH KUMAR SINGH, WORKING AS THE SECRETARY TO THE
GOVERNMENT,DEPARTMENT OF FINANCE,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM,PIN-695 001.
BY SENIOR GOVERNMENT PLEADER
This Contempt of court case (civil) having come up for orders on
20.05.2022, the court on the same day passed the following:
P.T.O.
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
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Cont.Case No.158 of 2022
[Arising out of the judgment dated 01.02.2021 in OP(KAT) No.41/2020]
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Dated this the 20th day of May, 2022
ORDER
Learned Sr.Government Pleader submits that the 2 nd respondent Chief Engineer has already filed affidavit dated 16.05.2022 alongwith the documents, stating the steps taken for compliance of the directions of the judgment and that even if the plinth area in question has also been included in the measurements, still the total sweeping area does not come to the minimum threshold of 100 square meters. Learned Sr.Government Pleader submitted that the 2 nd respondent Chief Engineer has filed affidavit dated 16.05.2022 in compliance with the orders of this Court and further that the said affidavit would clearly disclose that even the plinth area in question has been reckoned for measuring the street area and even thereafter, the total sweeping area comes to less than 100 square meter and therefore the petitioner (casual sweeper) is not eligible for regularization in terms of the G.O(P) dated 25.11.2005 and further that the competent authority of the State Government in the Public Works Department has already issued GO(Rt) No.544/2021/PWD dated 31.05.2021, in compliance of the directions of this Court in judgment in question and has rejected the claim of the petitioner - casual sweeper for regularization in terms COC No.158 of 2022 2 of the GO(P) dated 25.11.2005. Sri.M.V.Thamban, learned Counsel appearing for the petitioner submits that he has not been served with a copy of the said affidavit of the 2nd respondent. Learned Senior Government Pleader will ensure that a copy of the said affidavit of the 2nd respondent is served on the Counsel for the petitioner within a day or two. Further we also note that the said affidavit of the 2 nd respondent is not placed on record. The Registry will ascertain this and shall ensure that the said affidavit dated 16.05.2022 of the 2 nd respondent is placed on record immediately.
Post on 06.06.2022 Handover to both sides.
Sd/-
ALEXANDER THOMAS JUDGE Sd/-
SHOBA ANNAMMA EAPEN JUDGE Nsd 20-05-2022 /True Copy/ Assistant Registrar