Kerala High Court
Shyba T vs Anand Singh Ias on 20 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Friday, the 20th day of May 2022 / 30th Vaisakha, 1944
CONTEMPT CASE(C) NO. 158 OF 2022(S) IN OP(KAT) 41/2020
PETITIONER/PETITIONER IN O.P(KAT):
SHYBA T., AGED 38 YEARS, D/O.OMANA,
CASUAL SWEEPER (ON FIXED REMUNERATION),
OFFICE OF THE ASSISTANT ENGINEER (BUILDING SECTION),
PUBLIC WORKS DEPARTMENT, THIROOR, THRIKANIDYOOR (PO),
MALAPPURAM DISTRICT, PIN - 676 104. RESIDING AT:-
THACHARAKKAL HOUSE, NIRAMARETHOOR (PO), CHAKKARAMOOLA,
MALAPPURAM DISTRICT.
BY ADVS.M/S.M.V.THAMBAN,R.REJI,THARA THAMBAN,B.BIPIN,ARUN
BOSE,SUNEESH KUMAR R.,
RESPONDENTS/RESPONDENTS IN O.P(KAT):
1. SRI.ANAND SINGH IAS, WORKING AS THE SECRETARY TO THE
GOVERNMENT,DEPARTMENT OF PUBLIC WORKS,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM,PIN-695001
2. SMT.MADHUMATHI K.R, WORKING AS THE CHIEF ENGINEER,PUBLIC WORKS
DEPARTMENT,OFFICE OF THE CHIEF
ENGINEER(PWD),THRIRUVANANTHAPURAM,PIN-695003
3. IBRAHIM, WORKING AS THE ASSISTANT EXECUTIVE ENGINEER,BUILDING
SUB DIVISION,PUBLIC WORKS DEPARTMENT,PARAPPANANGADI
(PO),MALAPPURAM DISTRICT,PIN-676303,KERALA
4. SRI.SIRAJ, WORKING AS THE ASSISTANT ENGINEER(BUILDING
SECTION),PUBLIC WORKS
DEPARTMENT,THIROOR,THRIKANDIYOOR(PO),MALAPPURAM
DISTRICT,PIN-676104
5. SRI.RAJESH KUMAR SINGH, WORKING AS THE SECRETARY TO THE
GOVERNMENT,DEPARTMENT OF FINANCE,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM,PIN-695 001.
BY SENIOR GOVERNMENT PLEADER
This Contempt of court case (civil) having come up for orders on
20.05.2022, the court on the same day passed the following:
P.T.O.
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
===================================
Cont.Case No.158 of 2022
[Arising out of the judgment dated 01.02.2021 in OP(KAT) No.41/2020]
=========================================
Dated this the 20th day of May, 2022
ORDER
Learned Sr.Government Pleader submits that the 2 nd respondent
Chief Engineer has already filed affidavit dated 16.05.2022 alongwith
the documents, stating the steps taken for compliance of the
directions of the judgment and that even if the plinth area in question
has also been included in the measurements, still the total sweeping
area does not come to the minimum threshold of 100 square meters.
Learned Sr.Government Pleader submitted that the 2 nd respondent
Chief Engineer has filed affidavit dated 16.05.2022 in compliance with
the orders of this Court and further that the said affidavit would clearly
disclose that even the plinth area in question has been reckoned for
measuring the street area and even thereafter, the total sweeping area
comes to less than 100 square meter and therefore the petitioner
(casual sweeper) is not eligible for regularization in terms of the
G.O(P) dated 25.11.2005 and further that the competent authority of
the State Government in the Public Works Department has already
issued GO(Rt) No.544/2021/PWD dated 31.05.2021, in compliance of
the directions of this Court in judgment in question and has rejected
the claim of the petitioner - casual sweeper for regularization in terms
COC No.158 of 2022
of the GO(P) dated 25.11.2005. Sri.M.V.Thamban, learned Counsel
appearing for the petitioner submits that he has not been served with a
copy of the said affidavit of the 2nd respondent. Learned Senior
Government Pleader will ensure that a copy of the said affidavit of the
2nd respondent is served on the Counsel for the petitioner within a day
or two. Further we also note that the said affidavit of the 2 nd
respondent is not placed on record. The Registry will ascertain this and
shall ensure that the said affidavit dated 16.05.2022 of the 2 nd
respondent is placed on record immediately.
Post on 06.06.2022
Handover to both sides.
Sd/-
ALEXANDER THOMAS
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
Nsd
20-05-2022 /True Copy/ Assistant Registrar
