Minimol.G vs The District Collector
2021 Latest Caselaw 4264 Ker

WP(C).No.3035 OF 2021

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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                        WP(C).No.3035 OF 2021(D)


PETITIONERS:

       1       MINIMOL.G
               AGED 45 YEARS, MANIMALA (PATTARATHARA) THOTTAKOM
               P.O., VAIKOM, KOTTAYAM DISTRICT, PIN-686 607.

       2       SUNI K.M,
               VIRUTHITHARA, THALAAYAZHAM P.O., VAIKOM,
               KOTTAYAM DISTRICT, PIN-686 607.

       3       SOLLY K.J,
               KEERIYEZATHU HOUSE, KOTHAVARA P.O., VAIKOM,
               KOTTAYAM DISTRICT, PIN-686 607.

       4       SUNITHA M.P,
               PUSHPA BHAVANAM, THALAYZHAM P.O., VAIKOM,
               KOTTAYAM DISTRICT, PIN-686 607.

       5       SUNITHA T.S,
               THAZCHAYIL HOUSE, KOTHAVARA P.O., VAIKOM,
               KOTTAYAM DISTRICT, PIN-686 607.

       6       SINDHU DEVI C.P,
               CHOORAVELI HOUSE, THOTTAKOM P.O., VAIKOM,
               KOTTAYAM DISTRICT, PIN-686 607.

       7       SURABHI,
               PADINJAREMETTIYATHARA, KOTHAVARA P.O., VAIKOM,
               KOTTAYAM DISTRICT, PIN-686 607.

               BY ADVS.
               SHRI.V.PREMCHAND
               SMT.SURYA MOHAN P.

RESPONDENTS:

       1       THE DISTRICT COLLECTOR
               KOTTAYAM, KOTTAYAM DISTRICT, PIN-686 002.
 WP(C).No.3035 OF 2021

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       2      THE CHILD DEVELOPMENT PROJECT OFFICER,
              INTEGRATED CHILD DEVELOPMENT SERVICE (ICDS) OFFICE,
              CHILD DEVELOPMENT PROJECT OFFICE, VAIKOM P.O.
              KOTTAYAM DISTRICT, PIN-686 141.

       3      THE DISTRICT WOMEN AND CHILD DEVELOPMENT OFFICER,
              DISTRICT WOMEN AND CHILD DEVELOPMENT OFFICE,
              KOTTAYAM, PIN-686 002.

       4      THE THALAYAZHAM GRAMA PANCHAYAT,
              THALAYAZHAM P.O., REPRESENTED BY ITS SECRETARY,
              KOTTAYAM DISTRICT, PIN-686 607.

       5      THE PRESIDENT,
              THE THALAYAZHAM GRAMA PANCHAYAT, THALAYAZHAM P.O.
              KOTTAYAM DISTRICT, PIN-686 607.

       6      SUSHAMMA S.
              EETTATHARA, THALAYAZHAM P.O.
              KOTTAYAM DISTRICT, PIN-686 607.

       7      AJITH M,
              POONTHURUTHIL HOUSE, THOTTAKAM P.O.
              KOTTAYAM DISTRICT, PIN-686 607.

       8      REMYA,
              KAIMAAL CHIRA, THALAYAZHAM, THALAYAZHAM P.O.
              KOTTAYAM DISTRICT, PIN-686 607.

       9      SEEMS K.S,
              CHERUMALA HOUSE, THALAYAZHAM, THALAYAZHAM P.O.
              KOTTAYAM DISTRICT, PIN-686 607.

ADDL. 10      ADDL. R10. THE DIRECTOR,
              WOMEN AND CHILD DEVELOPMENT,
              WOMEN AND CHILD DIRECTORATE, POOJAPPURA,
              THIRUVANANTHAPURAM

              (IS SUO MOTU IMPLEADED AS PER INTERIM ORDER DATED
              05.02.2021)

              SR GP BIJOY CHANDRAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3035 OF 2021

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                                 JUDGMENT

Dated this the 5th day of February 2021

This writ petition is filed seeking the following reliefs :-

"i) Call for records leading to Exhibit P2 and quash the same by a writ of certiorari or any other appropriate writ, direction or order

ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 to 3 to verify Exhibit P2 Select list, conduct of a fresh interview and verification of requisite documents in tune with Exhibit P3 Government order.

iii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the 1 st respondent to consider and pass orders on Exhibit P6 forthwith in accordance with law and to keep in abeyance all further proceedings pursuant to Exhibit P2 till the same is considered and disposed of."

2. Heard the learned counsel for the petitioners and the learned

Government Pleader. In view of the directions being issued, notice to

the other respondents is being dispensed with.

3. It is submitted by the learned counsel for the petitioners that

Ext.P2 list of Anganawadi workers and helpers has been prepared by

the official respondents without complying with the specific

provisions contained in Ext.P3. It is submitted that the petitioners WP(C).No.3035 OF 2021

have approached the District Collector as well as respondents 2 and 4

with Exts.P5 and P6 representations and that the same may be

directed to be considered in accordance with law.

4. The learned Government Pleader points out that Ext.P2 appears

to be an approved list since running page 12 of the writ petition would

show that the list has been approved on 11.01.2021 by the 2 nd

respondent. It is therefore submitted that a representation before the

2nd respondent may not serve any purpose. It is submitted that even if

the list is approved, if there are discrepancies in the list and if the

guidelines have been violated, the Director of Women and Child

Development would be competent to consider any discrepancy in the

list and to set it right with notice to the concerned parties.

5. In the above view of the matter, in case the petitioners approach

the Director of Women and Child Development with an appropriate

representation within 10 days from the date of receipt of a copy of this

judgment, the Director shall consider the representation and pass

appropriate orders thereon with notice to the petitioners as well as

representatives of the local authority and any other parties who WP(C).No.3035 OF 2021

appear to be affected on a preliminary consideration of the

representation. Orders shall be passed within a period of two months.

6. The appointments, if any, made from Ext.P2 will be subject to

the orders to be passed by the Director and shall be revised

accordingly. For a proper disposal of the writ petition, the Director,

Women and Child Development is impleaded as an additional

respondent in this writ petition.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.3035 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE INTERVIEW LETTER DATED 19.12.2019 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE FINAL SELECTION LIST OF SELECTED CANDIDATES PUBLISHED ON 27.1.2021 BY THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE GO DATED 22.10.2008 IS ISSUED BY SOCIAL WELFARE DEPARTMENT

EXHIBIT P4 TRUE COPY OF THE PETITION DATED 8.1.2021 SUBMITTED BEFORE 1ST RESPONDENT

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 2.2.2021 BEFORE THE THALAYAZHAM GRAMA PANCHAYAT

EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 4.2.2021 BEFORE THE 2ND RESPONDENT

RESPONDENT'S/S EXHIBITS: NIL