P.D.Sanjeevkumar vs State Of Kerala
2021 Latest Caselaw 1264 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

                        WP(C).No.877 OF 2021(H)


PETITIONER/S:

      1         P.D.SANJEEVKUMAR
                AGED 56 YEARS
                S/O. C.P.DAVID, KAVINTE KIZHAKKETHIL, MANGARAM,
                PANDALAM, ADOOR TALUK, PATHANAMTHITTA DISTRICT.

      2         M.K.ASOKAN,
                AGED 59 YEARS
                S/O. KOCHUCHERUKKEN, ASOKA BHAVANAM,
                PUTHUPALLIKUNNATH MURI, NOORANADU VILLAGE, CHARUMOODU
                P.O., MAVELIKKARA TALUK, PATHANAMTHITTA DISTRICT.

                BY ADV. SRI.C.B.SREEKUMAR

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
                GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
                GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,
                PIN-695001.

      2         THE DIRECTOR OF URBAN AFFAIRS,
                THIRUVANANTHAPURAM, PIN-695001.

      3         PANDALAM MUNICIPALITY,
                PANDALAM P.O., PATHANAMTHITTA DISTRICT, PIN-689501,
                REPRESENTED BY ITS SECRETARY.

      4         THE MUNICIPAL COUNCIL,
                PANDALAM P.O., PATHANAMTHITTA DISTRICT, PIN-689501,
                REPRESENTED BY ITS CHAIRPERSON.


OTHER PRESENT:

                GP BIJOY CHANDRAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.877 OF 2021(H)

                                         2




                                 JUDGMENT

Dated this the 13th day of January 2021

This writ petition is filed seeking the following prayers:

"i) issue a writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to consider and dispose Ext.P4 and P5 request of the petitioners and Ext.P6 request of the 4th respondent within a time frame prescribed by this Hon'ble Court;.

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

Government Pleader.

3. In the light of the directions being issued, notice to respondents 3

and 4 is dispensed with for the time being. Petitioners contend that they

have been in the service of the 3 rd respondent Municipality for long years

and that the Municipality has resolved to request the Government for

sanction for regularisation of their services by Ext.P6 resolution. It is

submitted that Exts.P4 and P5 representations made by the petitioners in

this behalf are also pending before the Government. Learned Counsel for

the petitioner further submits that Ext.P3 Government Order has been WP(C).No.877 OF 2021(H)

issued on 15.10.2020 directing the regularisation of persons like the

petitioners, but the petitioners have not been granted the benefit of the

same.

4. In that view of the matter, there will be a direction to the 1 st

respondent to consider Exts.P4 and P5 representations preferred by the

petitioners, taking note of Ext.P6 as well. Appropriate orders shall be

passed on Ext.P4 and P5, after hearing the petitioner as well as

respondents 3 and 4, through any appropriate means including video

conferencing, within a period of two months from the date of receipt of a

copy of this judgment.

This writ petition is ordered accordingly.

Sd/

ANU SIVARAMAN

JUDGE

Jm/ WP(C).No.877 OF 2021(H)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY CERTIFICATE ISSUED BY THE SECRETARY OF THE PANDALAM GRAMA PANCHAYAT TO THE 1ST PETITIONER DATED 5.9.2009.

EXHIBIT P2 TRUE COPY CERTIFICATE ISSUED BY THE SECRETARY OF THE PANDALAM GRAMA PANCHAYAT TO THE 2ND PETITIONER DATED 24.5.2010.

EXHIBIT P3 TRUE COPY OF G.O.NO.155/2020 LSGD ISSUED BY THE PRINCIPAL SECRETARY TO THE LOCAL SELF GOVERNMENT DATED 15.10.2020.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DATED 19.10.2020.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DATED 19.10.2020.

EXHIBIT P6 TRUE COPY OF THE RESOLUTION OF THE 4TH RESPONDENT DATED 2.11.2020.