Vijayan M.G vs The Kerala State Electricity ...
2021 Latest Caselaw 2442 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                       WP(C).No.1636 OF 2021(D)


PETITIONER:

               VIJAYAN M.G
               AGED 54 YEARS
               (LINEMAN-II, O/O THE ASSISTANT ENGINEER, ELECTRICAL
               SECTION, KSEB LTD, THIRUVILWAMALA, THRISSUR DISTRICT)
               S/O LATE GOPALAN,
               MARANGATTIL HOUSE, ADIMALI P O, KARINGULAM,
               IDUKKI DISTRICT.

               BY ADV. SRI.T.R.RAJAN

RESPONDENTS:

      1        THE KERALA STATE ELECTRICITY BOARD LTD
               LTD REPRESENTED BY ITS SECRETARY (ADMINISTRATION)
               VYDYUTHI BHAVANAM, PATTOM,
               THIRUANANTHAPURAM, PIN-695004.

      2        THE CHIEF ENGINEER
               (HRM), THE KERALA STATE ELECTRICITY BOARD LTD,
               VYDYUTHI BHAVANAM, PATTOM,
               THIRUVANANTHAPURAM, PIN-695004.

      3        THE DEPUTY CHIEF ENGINEER
               GENERATION CIRCLE, MEENCUT, KSEB LTD,
               CHITHIRAPURAM P O, IDUKKI DISTRICT, PIN-685565.

      4        THE EXECUTIVE ENGINEER
               GENERATION DIVISION ,
               KSEB LTD, CHITHIRAPURAM P O,
               IDUKKI DISTRICT, PIN-685565.

      5        THE ASSISTANT EXECUTIVE ENGINEER
               GENERATION SUB DIVISION ,
               KSEB LTD, CHITHIRAPURAM P O,
               IDUKKI DISTRICT, PIN-685565.

      6        THE ASSISTANT ENGINEER
               ELECTRICAL SECTION, KSEB LTD, THIRUVAWAMALA, THRISSUR
               DISTRICT, PIN-680588.
 WP(C).No.1636 OF 2021(D)

                                    2


              SC ASHOK M. CHERIAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1636 OF 2021(D)

                                         3




                                  JUDGMENT

Dated this the 21st day of January 2021

The petitioner has approached this Court seeking the

following reliefs:

"i) Call for records leading to Exhibit P2 order and Exhibit P5 memo and quash the same by issuing a writ in the nature of certiorari or any other appropriate writ order or direction as this honourable Court deems fit in the facts and circumstances of the case.

ii) issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the 2nd respondent to take appropriate action upon Exhibit P3 petition submitted by the petitioner within a time limit to be fixed by this honourable Court after affording an opportunity of being heard."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner

that the petitioner has preferred Ext.P3 representation as against

Ext.P2 order of transfer, by which the petitioner has been

transferred from Chithirapuram to Thiruvilwamala. It is submitted WP(C).No.1636 OF 2021(D)

that the petitioner's wife has undergone cerebral stroke and that

she is unable to look after herself. The petitioner has also stated

that there are medical grounds due to which he is unable to carry

out the journey to the new station.

4. In view of the fact that the petitioner has approached the

respondents with Ext.P3 representation, it is for the respondents to

consider the same in accordance with law.

There will, accordingly, be a direction to the 2 nd respondent

to take up, consider and pass orders on Ext.P3 representation

preferred by the petitioner, with notice to the petitioner as well

and considering the medical grounds stated by the petitioner.

Orders shall be passed within a period of three weeks from the date

of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.1636 OF 2021(D)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE DATED 7/9/2020 ISSUED BY DR.V.S.SAJEEV, ENT SURGEON, GOVERNEMENT TALUK HOSPITAL, ADIMALI

EXHIBIT P2 TRUE COPY OF THE ORDER NO EB4(A)/LM/GT/2020 DATED 4/9/2020 ISSUED BY THE 2ND RESPONDENT INSOFAR AS THE SAME RELATES TO THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 2/11/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 4/11/2020 OF THE 4TH RESPONDENT TO THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE MEMO NO.EB1/GCM/LM-

II/T&P/2020-21/1014 DATED 7/1/2021 ISSUED BY THE 3RD RESPONDENT