Citation : 2021 Latest Caselaw 16006 Ker
Judgement Date : 2 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
WP(C) NO. 8002 OF 2021
PETITIONER:
DR.SURESHKUMAR
AGED 63 YEARS
S/O.PURUSHOTHAMAN NAIR,
RESIDING AT UTHRADAM, PERMON, P.O. KOLLAM 691
BY ADV K.S.MANU (PUNUKKONNOOR)
RESPONDENTS:
1 STATE OF KERALA
REP.BY SECRETARY TO GOVERNMENT,
GENERAL ADMINISTRATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 KERALA PUBLIC SERVICE COMMISSION
PATTOM P.O., THIRUVANANTHAPURAM
REP. BY ITS SECRETARY 695 004.
(3 THE CHAIRMAN
KERALA PUBLIC SERVICE COMMISSION,
PATTOM P.O., THIRUVANANTHAPURAM 695 004.)DELETED
R3 IS DELETED FROM THE PARTY ARRAY OF THE WP(C) AS PER
ORDER DATED 26.03.2021 IN WPC 8002/2021
BY ADV.
SRI. SUNILKUMAR KURIAKOSE - GP,
SRI. P.C.SASIDHARAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8002 OF 2021
2
JUDGMENT
Even though various assertions and averments have been made
in the writ petition, when this matter was called today, the learned
counsel for the petitioner - Sri.K.S.Manu, pleaded that the 1 st
respondent - Government of Kerala be directed to take up Ext.P6
representation of his and to dispose it of in terms of law.
2. Sri.K.S.Manu submitted that his client is now confining the
plea as afore because he is confident that, if Ext.P6 is properly
considered by the Government, he will obtain redress of his
grievances.
3. In response, the learned Senior Government Pleader-
Sri.Sunil Kumar Kuriakose, conceded that there does not appear to be
any legal impediment in Ext.P6 representation being taken up and
disposed of by the Government; however, praying that this Court may
not make any affirmative declarations in his favour and leave it to the
competent authority to take a decision thereon as per law.
Taking note of the above, I allow this writ petition and direct the
competent Authority of the 1st respondent to take up Ext.P6
representation of the petitioner and dispose it of, after affording an
opportunity of being heard to him - either physically or through video WP(C) NO. 8002 OF 2021
conferencing - thus culminating in an appropriate order thereon, as
expeditiously as possible, but not later than three months from the date
of receipt of a copy of this judgment.
I make it clear that I have not considered any of the rival
contentions of the parties on its merits and that they are all left open to
be pursued appropriately, when the afore exercise is completed.
Sd/-
DEVAN RAMACHANDRAN JUDGE SCS WP(C) NO. 8002 OF 2021
APPENDIX OF WP(C) 8002/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DT. 23/7/2016 ISSUED BY GOVERNMENT.
EXHIBIT P2 COPY OF THE JUDGMENT IN WP(C) NO.37423/15 DT. 22/5/19.
EXHIBIT P3 COPY OF THE ORDER DT. 31/1/13 ISSUED BY GOVERNMENT
EXHIBIT P4 COPY OF THE ORDER DT. 1/1/21 BY THE GOVERNMENT.
EXHIBIT P5 COPY OF THE REPRESENTATION DT. 13/1/2020 TO 3RD RESPONDENT.
EXHIBIT P6 COPY OF THE REPRESENTATION DT. 9/3/21 TO 1ST RESPONDENT.
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