Ummer C.P vs The Commissioner Of Civil ...
2021 Latest Caselaw 13223 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                          WP(C) NO. 11280 OF 2021
PETITIONER:

              UMMER C.P, AGED 51 YEARS, S/O. PAREETH P.M., RATIONING
              INSPECTOR, TALUK SUPPLY OFFICE, ALUVA, ERNAULAM DISTRICT
              (NOW UNDER ORDERS OF TRANSFER TO KANNUR).

              BY ADVS.
              K.JAJU BABU (SR.)
              SRI.M.U.VINOD BABU
              SRI.BRIJESH MOHAN


RESPONDENTS:

     1        THE COMMISSIONER OF CIVIL SUPPLIES
              PUBLIC OFFICE BUILDINGS, MUSEUM P.O.,
              THIRUVANANTHAPURAM-695 033.

     2        THE SENIOR ADMINISTRATIVE OFFICER
              OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES,
              PUBLIC OFFICE BUILDINGS, MUSEUM P.O.,
              THIRUVANANTHAPURAM-695 033.

     3        THE DISTRICT SUPPLY OFFICER
              ERNAKULAM, CIVIL STATION ERNAKULAM-682 030.

     4        THE TALUK SUPPLY OFFICER, ALUVA, MINI CIVIL STATION,
              ALUVA, ERNAKULAM DISTRICT-683101.

     5        SUDHEESH C., RATIONING INSPECTOR, TALUK SUPPLY OFFICE,
              THALASSERY, KANNUR DISTRICT-670 101.

              BY ADVS.

              SRI. SUNIL KUMAR KURIAKOSE - GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 11280/21
                                           2



                               JUDGMENT

When this matter was called today,

Sri.Brijesh Mohan - learned counsel for the

petitioner, submitted that this Writ Petition was

filed at a time when the Kerala Administrative

Tribunal (KAT) had not been functioning. He

conceded that the said Tribunal has now commenced

functioning and thus prayed that this Writ

Petition be allowed to be withdrawn, so as to

enable his client to approach it; however,

praying that the interim order granted by this

Court on 11.05.2021, be allowed to continue until

30.06.2021.

2. Sri.Sunil Kumar Kuriakose - learned

Government Pleader, did not oppose the prayer for

withdrawal of the Writ Petition but prayed that

the interim order be not extended.

3. Even when I hear the learned Government

Pleader as afore, the fact remains that the WPC 11280/21

interim order was granted on 11.05.2021 and

remains in force until today. Therefore, I am

certainly of the view that no prejudice will be

caused to the respondents if I extend the interim

order until 30.06.2021, so as to enable the

petitioner to approach the KAT appropriately.

In the afore circumstances, this Writ

Petition is dismissed as having been withdrawn;

however, making it clear that the interim order

granted by this Court on 11.05.2021 will remain

in force until 30.06.2021.

sd/-

RR                                       DEVAN RAMACHANDRAN
                                                    JUDGE
 WPC 11280/21

APPENDIX OF WP(C) 11280/2021

PETITIONER'S ANNEXURE:

EXHIBIT P1 TRUE COPY OF THE NOTICE NO.5558/KAT/JUDL/2019 DATED 07.05.2021 ISSUED BY THE REGISTRAR, KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM.

EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF ORDER NO.CCS/259/2019-B2 DATED 08.09.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF ORDER NO. C.S.

DSOEKM/172/2019-CS3 DATED 09.02.2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF ORDER NO.C.S-

DSOEKM/172/2019-CS3 DATED NIL ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE RELEVANT EXTRACT OF THE PROCEEDINGS N1/11360/2020 DATED 27.02.2021 OF THE DISTRICT ELECTION OFFICER AND DISTRICT COLLECTOR, ERNAKULAM.

EXHIBIT P6 TRUE COPY OF ORDER NO.CCS/267/2021-B2 DATED 07.05.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF ORDER NO. A3.135/18 DATED 07.05.2021 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE RELEVANT EXTRACT OF ORDER NO.CCS/267/2021-B2 DATED 22.02.2021 ISSUED BY THE 2ND RESPONDENT.