Shine S vs Union Of India
2022 Latest Caselaw 853 Ker

WP(C) No.17277/2021                     1/4

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                      THE HONOURABLE MR. JUSTICE SUNIL THOMAS
              Friday, the 21st day of January 2022 / 1st Magha, 1943
                    IA.NO.1/2021 IN WP(C) NO. 17277 OF 2021(H)
   PETITIONERS/RESPONDENTS:

      1. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
         MINISTRY OF HOME AFFAIRS, NEW DELHI - 110 001.
      2. THE DIRECTOR GENERAL BORDER SECURITY FORCE, BLOCK NO.10, CGO
         COMPLEX, LODHI ROAD, NEW DELHI - 110 003.

   RESPONDENTS/PETITIONERS:

      1. SHINE S. AGED 45 YEARS S/O.LATE V.SUDHAKARAN, RETIRED HEAD
         CONSTABLE, RADIO OPERATOR, 77 BN BSF, RESIDING AT VASUDHA NIVAS,
         PATTAM THURUTH (PO), KOLLAM, KERALA - 691 601.
      2. RAJENDRAN L. AGED 50 YEARS S/O.LAKSHMANAN, RETIRED ASSISTANT SUB
         INSPECTOR, RADIO OPERATOR, 41 BN BSF, RESIDING AT PUTHUPURACKAL
         HOUSE, PUTHIYAVILA NORTH, PATOLI MARKET (PO), ALAPPUZHA - 690 531.
      3. SUNIL KUMAR S. AGED 45 YEARS S/O.SAHADEVAN, RETIRED HEAD CONSTABLE,
         RADIO OPERATOR, 143 BN BSF, RESIDING AT THUNDUPARAMBIL HOUSE,
         KUTTAMPEROOR, MANNAR, ALAPPUZHA - 689 623.
      4. RAJESH P.S. AGED 45 YEARS S/O.SASI P.N., RETIRED ASSISTANT SUB
         INSPECTOR, CIPHER OPERATOR, 125 BN BSF, RESIDING AT XII/489,
         PALACKAMALY, GANDHINAGAR, NEELEESWARAM (PO), KALADY, ERNAKULAM - 683
         574.
      5. JAYAKRISHNAN K.N. AGED 51 YEARS S/O.LATE P.G.NARAYANAN NAIR, RETIRED
         HEAD CONSTABLE, RADIO OPERATOR, STS BANGALORE, RESIDING AT
         PARIYAKKARA HOUSE SOUTH, VELLARAPILLY (PO), ALUVA, ERNAKULAM - 683
         580.
      6. RAJENDRAN NAIR AGED 52 YEARS S/O.P.N.VASUDEVAN NAIR, RETIRED HEAD
         CONSTABLE, RADIO OPERATOR, STS BANGALORE, RESIDING AT THACHUPARAMBIL
         OUSE, VENGALLOOR (PO), THODUPUZHA, IDUKKI - 685 608.
      7. T.V.JAYAKRISHNAN AGED 52 YEARS LATE C.M.SANKARAN NAMBIAR, RETIRED
         HEAD CONSTABLE, CIPHER OPERATOR, 39 BN BSF, RESIDING AT
         KRISHNAKRIPA, KAIRALI NAGAR, PILATHARA (PO), KANNUR - 670504.
      8. M.UDAYAKUMAR AGED 49 YEARS S/O.LATE E.KUNHIRAMAN NAIR, RETIRED
         ASSISTANT SUB INSPECTOR, CIPHER OPERATOR, SHQ UDAYPUR, NIRMALAYAM,
         VAININGAL, PUTHUKAI (PO), NILESHWAR - VIA, KASARAGOD - 671 314.
      9. BIJU KUMAR V.S. AGED 46 YEARS S/O.P.VIJAYA KUMAR, RETIRED HEAD
         CONSTABLE, RADIO OPERATOR, 149 BN BSF, RESIDING AT MOHAN NIVAS,
         KOTTAPURAM PARAVUR (PO), KOLLAM - 691 301.
     10. BIJU T.K. AGED 48 YEARS S/O.KOCHUNARAYANAN, RETIRED SUB INSPECTOR,
         RADIO OPERATOR, FTR HQ TRIPURA, RESIDING AT BIJUMANDIRAM, EAST
         KALLADA (PO), KOLLAM - 692 502.
     11. AJI S. AGED 47 YEARS S/O.M.P.SREEDHARAN PILLAI, RETIRED ASSISTANT
         SUB INSPECTOR, CIPHER OPERATOR, 18 BN BSF, RESIDING AT AJI NIWAS,
         H.NO.181, SNEHA NAGAR, AYATHIL, PATTATHANAM (PO), KOLLAM - 691 021.
     12. PRAKASH J. AGED 52 YEARS S/O.JANARDHANAN V., RETIRED ASSISTANT SUB
 WP(C) No.17277/2021                       2/4

           INSPECTOR, RADIO OPERATOR, 162 BN BSF, RESIDING AT NANDANAM,
           MUZHANGODI, KALLELIBHAGAM (PO), KARUNGAPALLLY, KOLLAM - 690 519.
     13.   RAKESH S. AGED 47 YEARS S/O.O.S.SUKUMARAN, RETIRED HEAD CONSTABLE,
           RADIO OPERATOR,171 BN BSF, RESIDING AT OORAMALA HOUSE, VELLOOR (PO),
           PAMAPADY, KOTTAYAM - 686 501.
     14.   PRAMOD LAL K. AGED 53 YEARS S/O.VELAYUDHAN K., RETIRED HEAD
           CONSTABLE, RADIO OPERATOR, SECTOR HQ TVM, RESIDING AT KONNAM KUZHI
           HOUSE, LAL BHAVAN, ARIYALLUR (PO), MALAPPURAM - 676 312.
     15.   BEJU K. AGED 46 YEARS S/O.SANKARAN K., RETIRED ASSISTANT SUB
           INSPECTOR, RADIO OPERATOR, 103 BN BSF, RESIDING AT KALLAYIL HOUSE,
           KOLAKKATTUCHALI (PO), MALAPPURAM - 673 634.
     16.   BINU P.S. AGED 51 YEARS S/O.SAMUEL, RETIRED ASSISTANT SUB INSPECTOR,
           RADIO OPERATOR, 71 BN BSF, RESIDING AT BIBIN BHAVAN, PARANTHAL (PO),
           PANDALAM, PATHANAMTHITTA - 689 501.
     17.   REJI BABY AGED 46 YEARS S/O.P.BABY, RETIRED ASSISTANT SUB INSPECTOR,
           RADIO OPERATOR, 200 BN BSF, RESIDING AT KANIYANTHARAVILAYIL HOUSE,
           KAAMPANAD (PO), PATHANAMTHITTA - 691 552.
     18.   RAMESH P. AGED 49 YEARS S/O.RAMAKRISHNAN NAIR, RETIRED HEAD
           CONSTABLE, RADIO OPERATOR, 7 BN BSF, RESIDING AT PUTHENVEEDU HOUSE,
           KALLUVAZHI (PO), THIRUVAZHIYODU (VIA), PALAKKAD - 679 514.
     19.   MANU P.A. AGED 47 YEARS S/O.ACHUTHAN P.R., RETIRED SUB INSPECTOR,
           RADIO OPERATOR, 29 BN BSF, RESIDING AT MANNIL HOUSE, (ASWATHY
           NILAYAM), MULAYAM, AYYAPPANKAVU, THRISSUR - 680 751.
     20.   SANTHOSH KUMAR M.T. AGED 51 YEARS S/O.LATE K.R.MADHAVAN NAIR,
           RETIRED ASSISTANT SUB INSPECTOR, RADIO OPERTOR, 169 BN BSF, RESIDING
           AT GOKULAM, KUZHIVILA, EDACODE, NEMOM (PO), TRIVANDRUM - 695 020.
     21.   DANTIS JOSE AGED 46 YEARS S/O.JOSE J.MALAYIL, RETIRED HEAD
           CONSTABLE, RADIO OPERATOR, 3 BN BSF, RESIDING AT MALAYIL HOUSE,
           CHENNALODE (PO), WAYANAD - 673 122.
     22.   BIJU P.J. AGED 47 YEARS S/O.LATE P.O.JOSE, RETIRED ASSISTANT SUB
           INSPECTOR, RADIO OPERATOR, 77 BN BSF, RESIDING AT PUTHIYAMPURAM
           HOUSE, KAPPUVAYAL, THARIODE (PO), WAYANAD - 673 589.
     23.   SHAJI IK. AGED 51 YEARS S/O.LATE C.P.CHACKO, RETIRED HEAD CONSTABLE,
           RADIO OPERATOR, STC BSF KASHMIR, RESIDING AT CHENIPARA, THIMIRI
           P.O., CHAPPARAPADAVE (VIA), KANNUR - 670 581.
     24.   BIJU G. AGED 45 YEARS S/O.LATE SH K.P.GOPALAKRISHNAN NAIR, RETIRED
           ASSISTANT SUB-INSPECTOR, RADIO OPERATOR, 38 BN BSF, RESIDING AT
           KATTIL PADINARETHIL HOUSE, KALLARA SOUTH P.O., KOTTAYAM DT., KERALA
           - 686 661.


           Application praying that in the circumstances stated in the

   affidavit filed therewith the High Court be pleased to extend the time to

   consider and pass orders on Exhibit P7 series of representations, by a

   further period of 90 days from the date of disposal of the above

   interlocutory Application.
 WP(C) No.17277/2021                         3/4


          This Application coming on for orders upon perusing the application

   and the affidavit filed in support thereof,and this court's judgment dated

   23-09-2021 and upon hearing the arguments of ASSISTANT SOLICITOR GENERAL

   OF INDIA for the petitioners in IA/Respondents in WP(C) and of

   M/s.T.C.GOVINDASWAMY, KALA T.GOPI, T.N.SREEKALA & B.NAMADEVA PRABHU,

   Advocates for Respondents in IA/ Petitioners in WP(C),the court passed the

   following:



                                        ORDER

This Application is filed to extend the time fixed by this court to

pass an order on Exhibit P7 series of representations by three months.

By the judgment of this court originally three months time was

granted. I feel that a further extension of three months will be on the

higher side. I am inclined to grant two months time from today as last

chance on condition that no further extension will be granted.

                                                  Sd/- SUNIL THOMAS, JUDGE




21-01-2022                    /True Copy/                            Assistant Registrar
 WP(C) No.17277/2021                 4/4

                       APPENDIX OF WP(C) 17277/2021
Exhibit P7            TRUE COPY OF REPRESENTATION SUBMITTED BY THE 1ST

PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7A TRUE COPY OF REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7B TRUE COPY OF REPRESENTATION SUBMITTED BY THE 3RD PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7C TRUE COPY OF REPRESENTATION SUBMITTED BY THE 4TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7D TRUE COPY OF REPRESENTATION SUBMITTED BY THE 5TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7E TRUE COPY OF REPRESENTATION SUBMITTED BY THE 6TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7F TRUE COPY OF REPRESENTATION SUBMITTED BY THE 7TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7G TRUE COPY OF REPRESENTATION SUBMITTED BY THE 8TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7H TRUE COPY OF REPRESENTATION SUBMITTED BY THE 9TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7I TRUE COPY OF REPRESENTATION SUBMITTED BY THE 10TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7J TRUE COPY OF REPRESENTATION SUBMITTED BY THE 11TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7K TRUE COPY OF REPRESENTATION SUBMITTED BY THE 12TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7L TRUE COPY OF REPRESENTATION SUBMITTED BY THE 13TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7M TRUE COPY OF REPRESENTATION SUBMITTED BY THE 14TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7N TRUE COPY OF REPRESENTATION SUBMITTED BY THE 15TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7O TRUE COPY OF REPRESENTATION SUBMITTED BY THE 16TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7P TRUE COPY OF REPRESENTATION SUBMITTED BY THE 17TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7Q TRUE COPY OF REPRESENTATION SUBMITTED BY THE 18TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7R TRUE COPY OF REPRESENTATION SUBMITTED BY THE 19TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7S TRUE COPY OF REPRESENTATION SUBMITTED BY THE 20TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7T TRUE COPY OF REPRESENTATION SUBMITTED BY THE 21ST PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7U TRUE COPY OF REPRESENTATION SUBMITTED BY THE 22ND PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7V TRUE COPY OF REPRESENTATION SUBMITTED BY THE 23RD PETITIONER BEFORE THE RESPONDENT ORGANIZATION. Exhibit P7W TRUE COPY OF REPRESENTATION SUBMITTED BY THE 24TH PETITIONER BEFORE THE RESPONDENT ORGANIZATION.