Lal Krishnan vs State Of Kerala
2021 Latest Caselaw 8053 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                      WP(C).No.26308 OF 2019(K)


PETITIONER:

               LAL KRISHNAN
               AGED 27 YEARS
               S/O.RAGHUNATH, KIZHUPILLY, CHEMMATTA, EDATHALA NORTH
               P.O., ALUVA, ERNAKULAM DISTRICT, PIN-683561.

               BY ADVS.
               SRI.SUNIL NAIR PALAKKAT
               SRI.K.N.ABHILASH

RESPONDENTS:

      1        STATE OF KERALA
               REP. BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM-
               695001.

      2        THE SECRETARY,
               DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT,
               TRIVANDRUM-695001.

      3        THE SECRETARY,
               EDATHALA GRAMA PANCHAYATH, EDATHALA NORTH P.O.,
               ALUVA, ERNAKULAM, PIN-683561.

      4        SARITHA V.R.,
               AGED 32 YEARS
               D/O.RAVI, TECHNICAL ASSISTANT, EDATHALA GRAMA
               PANCHAYATH, EDATHALA NORTH P.O., ALUVA, ERNAKULAM,
               PIN-683561.

               R3 BY SRI.RAAJESH S.SUBRAHMANIAN, SC, EDATHALA GRAMA
               PANCHAYATH
               R4 BY ADV. SRI.S.JUSTUS
               R4 BY ADV. SRI.MANU.G.RAJAN
               R1-R2 BY ADV. SRI. SUNIL KUMAR KURIAKOSE - GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
09.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26308 OF 2019(K)

                                      2




                               JUDGMENT

Dated this the 9th day of March 2021

This writ petition has been filed impugning Ext.P4 order of the

Government dated 27.02.2019, as per which, all contract

employments under its various departments were permitted to be

extended for a period of one year from 01.04.2019.

2. When this matter was called today, Sri. Rajesh.S.

Subrahmanian, learned counsel appearing for the third respondent-

Panchayat, submitted that Ext.P4 is no longer relevant because a

subsequent Government Order has been issued, further permitting the

extension of the period of contract from 01.04.2020. He submitted that

therefore, this writ petition has become infructuous.

3. When I examine the order impugned, it is clear that the

challenge against is now unnecessary since it has work itself out,

because the extension of contract under it was permitted only until

31.03.2020. Since this period has now expired, it is clear that no

further orders need be issued in this writ petition. WP(C).No.26308 OF 2019(K)

4. On discerning my mind as afore, the learned counsel for

the petitioner-Sri.Sunil Nair Palakkat, submitted that the Government

is now issuing orders repeatedly extending the contracts on a year to

year basis and therefore, that his client may be permitted to approach

this court again challenging the latest order, as also for a declaration

that such orders are impermissible.

5. In the afore circumstances, I permit the petitioner to

withdraw this writ petition, with liberty to approach this court again -

either to challenge the extant order of the Government or for a

declaration that they are not entitled to do so. For such purpose, all

contentions raised in this writ petition are left open.

Sd/-

                                            DEVAN RAMACHANDRAN
SAS/09.03.2021                                        JUDGE
 WP(C).No.26308 OF 2019(K)




                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1                TRUE COPY OF THE CIRCULAR

NO.79865/EPA1/08/LSGD DATED 02.03.2009.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 18.02.2019 TO THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.25941/G2/2013/LBR DATED 05.02.2014.

EXHIBIT P4 THE TRUE COPY OF THE GO NO.445/2019/LSGD DATED 27.02.2019 ISSUED BY THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS:-

ANNEXURE R3A TRUE PHOTOCOPY OF THE GO NO.1772/2012/LSGD DATED 27/06/2012 ISSUED BY THE 1ST RESPONDENT

//TRUE COPY// P.A. TO JUDGE