Thomas Joseph vs The Director General
2022 Latest Caselaw 4152 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                      WP(C) NO. 235 OF 2022
PETITIONER:
          THOMAS JOSEPH, AGED 57 YEARS
          RESIDING AT LEMON VILLA, CHERTHALA NORTH VILLAGE,
          CHERTHALA P.O.,
          ALAPPUZHA, PIN - 688524
          BY ADVS.
          P.B.SAHASRANAMAN
          T.S.HARIKUMAR
          G.N.DEEPA

RESPONDENTS:
    1     THE DIRECTOR GENERAL
          KERALA FIRE AND RESCUE SERVICES, DEPARTMENT OF
          KERALA FIRE AND RESCUE SERVICES, HEADQUARTERS,
          FIRE FORCE JUNCTION, PULIMOODU P.O.,
          THIRUVANANTHAPURAM-695 001.
    2     KOSHY JOSEPH
          AGED 55 YEARS
          , S/O.JOSEPH KOSHY, RESIDING AT LEMON VILLA,
          CHERTHALA NORTH VILLAGE, CHERTHALA P.O.,
          ALAPPUZHA-688 524.
          ALAPPUZHA, PIN - 688524
    3     ADDL.R3. BEN JOSEPH KOSHY
          AGED 29 YEARS
          S/O.KOSHY JOSEPH, LEMON VILLA, CERTHALA P.O.,
          CHERTHALA TALUK, ALAPPUZHA DISTRICT.

         ADDL.R3 IS IMPLEADED AS PER ORDER DATED 14.02.2022
         IN IA NO.1/2022.
 ADDL.R4 REGIONAL FIRE OFFICER,
         FIRE AND RESCUE SERVICES, KOTTAYAM - 686 01

            IS SUO MOTU IMPLEADED AS ADDL.R4 AS PER ORDER
            DATED 07.14.2022
            BY ADV K.RAMANADHAN
            SMT.VIDYA KURIAKOSE, GOVT.PLEADER
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   07.04.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.235/2022

                                   2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                      W.P.(C).No.235 of 2022
              ----------------------------------------------
             Dated this the 07th day of April, 2022


                            JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of certiorari calling for the records leading No Objection Certificate for renewal, dated 10.10.2021 Exhibit P.3 and quash the same.

ii. Such other relief's which this Hon'ble Court deems fit and necessary in the circumstances of the case and the cost of this case.

(SIC)

2. When this writ petition came up for consideration,

the matter was referred for mediation and it is reported by

both sides that the matter is not settled. Therefore the

learned counsel for the petitioner limits his prayer for disposal

of Ext.P4. The learned Government Pleader submitted that

Ext.P4 is pending before the 1 st respondent and the competent W.P.(C).No.235/2022

authority to consider the same is the additional 4th respondent.

3. In such circumstances, there can be a direction to

the 1st respondent to forward the representation to the

additional 4th respondent and the additional 4 th respondent can

be directed to consider the same within a time frame, after

giving an opportunity of hearing to the petitioner and the

additional 3rd respondent.

Therefore, this writ petition is disposed of in the

following manner:

1. The 1st respondent is directed to forward

Ext.P4 to the additional 4th respondent within

three weeks from the date of receipt of a copy

of this judgment.

2. The additional 4th respondent is directed to

consider the representation received from the

1st respondent and pass appropriate orders in

it, after giving an opportunity of hearing to the

petitioner and the additional 3rd respondent, as

expeditiously as possible, at any rate, within

two months from the date of receipt of the

representation from the 1st respondent.

W.P.(C).No.235/2022

3. All the contentions of the petitioner and the

additional 3rd respondent in this writ petition

are left open.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.235/2022

APPENDIX OF WP(C) 235/2022

PETITIONER EXHIBITS Exhibit.P.1 TRUE SCANNED COPY OF THE ORDER IN I.A.NO.2960 OF 2019 IN O.S.NO.443 OF 2019, DATED 01-11-2019 OF THE PRINCIPAL MUNSIFF'S COURT, CHERTHALA Exhibit.P.2 TRUE SCANNED COPY OF THE ORDER IN C.M.A.NO.26/2019, DATED 07-12-2019 OF THE SUBORDINATE JUDGE, CHERTHALA Exhibit.P.3. TRUE SCANNED COPY OF THE CERTIFICATE OF APPROVAL GRANTED BY THE 1ST RESPONDENT DATED 04-12-2017 ALONG WITH THE NO OBJECTION CERTIFICATE FOR RENEWAL, DATED 10-10-2021 Exhibit.P.4. TRUE SCANNED COPY OF THE EMAIL SENT BY THE PETITIONER TO THE 1ST RESPONDENT ON 15-12-2021, COPY OF WHICH WAS PROVIDED TO THE COUNSEL FOR THE PETITIONER RESPONDENT EXHIBITS Exhibit R3(1) THE TRUE COPY OF THE NO OBJECTION CERTIFICATE NO.C 334/2020 DATED 20.10.2020 ISSUED BY THE STATION OFFICER, FIRE AND RESCUE STATION, CHERTHALA.

Exhibit R3(2) THE TRUE COPY OF THE APPLICATION FOR RENEWAL DATED 06.10.2021 FILE D BY THE PETITIONER.