Gracious Kuriakose vs State Of Kerala
2021 Latest Caselaw 23723 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   Tuesday, the 30th day of November 2021 / 9th Agrahayana, 1943
                      WP(C) NO. 10221 OF 2021

PETITIONER:


  1. GRACIOUS KURIAKOSE ,AGED 62 YEARS SENIOR ADVOCATE, S/O.
    KURIAKOSE, RESIDING AT NAMBIAPARAMBIL HOUSE, SHENOY ROAD,
    KALOOR, ERNAKULAM-682017.

AND ANOTHER

BY ADVS:SRI.K.K.CHADRAN PILLAI(SENIOR ADVOCATE),SRI.LAL GEORGE
FOR PETITIONERS

RESPONDENTS:
  1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY,
    GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

AND OTHERS

GOVERNMENT PLEADER FOR R1 TO R3 & R5

SRI.K.JANARDHANA SHENOY,SC,KOCHI MUNCIPAL CORPORATION FOR R4

ADVS.SRI.JOJI GEORGE JACOB,SRI.RAAJESH S.SUBRAHMANYAN & SRI.BABY
KURIAKOSE,FOR R7

ADV.SRI.MANU ROY FOR R8 TO R11


     This Writ petition(civil) having again come up for orders on
30-11-21,and upon perusing this court's order dated 27-10-21 &
 Judgment dtd 07.05.2021 ,the court on the same day passed the
following:
                      DEVAN RAMACHANDRAN, J.
                     -----------------------------------------
                 W.P.(C) No.10221 of 2021
              --------------------------------------------------
       Dated this the 30th day of November, 2021

                               O R D E R

This matter was suo motu listed to be spoken

to, when it is brought to my notice that as the

work, ordered by this Court, was being continued,

three workers were subjected to an unfortunate

accident and that the condition of two among them

was slightly grave.

2. Certain orders were issued by this Court,

particularly to help the workers who had sustained

injuries; and am told today that their medical

expenses have been met and that certain ex-gratia

payments have also been proposed to be paid to

them.

3. When this matter was earlier considered by

this Court, I had suggested that fixing of

responsibility for the accident and the payment of

damages will be considered later. W.P.(C) No.10221 of 2021

4. Since the workers have now been taken care

of and the corporation is also proposing to give

them an ex-gratia payment, I deem it appropriate

not to issue any further orders in this case, but

to allow the competent Authorities - including the

Corporation, to fix responsibility for the

accident, as well as for payment of damages, as

per law and after notifying the necessary parties

appropriately.

With the afore liberty being reserved to the

Corporation, as well as to the official

respondents, I close these proceedings.

I, however, deem it appropriate to clarify

that the work as ordered by this Court need not be

held up and that it shall be completed as per law

without any avoidable delay and that fixing of

liability shall be proceeded even when the work is

continuing.

Sd/-

DEVAN RAMACHANDRAN,

JUDGE SAS/30/11/2021

30-11-2021 /True Copy/ Assistant Registrar