Vinod.A vs State Of Kerala
2023 Latest Caselaw 8216 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                      WP(C) NO. 19112 OF 2023
PETITIONER:

             VINOD.A
             AGED 26 YEARS, S/O.LATE AYYAPPAN,
             RAMESWARAM COLONY, DOOR NO.26/1326,
             NAZREATH, COCHIN, PIN - 682002
             BY ADVS.
             K.S.MADHUSOODANAN
             M.M.VINOD KUMAR
             P.K.RAKESH KUMAR
             K.S.MIZVER
             M.J.KIRANKUMAR

RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY SECRETARY,
             LOCAL SELF GOVERNMENT DEPARTMENT,
             GOVERNMENT OF KERALA, GOVERNMENT
             SECRETARIAT, THIRUVANAMTHAPURAM - 695001
      2      DIRECTOR
             URBAN AFFAIRS, GOVERNMENT OF KERALA,
             THIRUVANAMTHAPURAM, PIN - 695033
      3      COCHIN CORPORATION
             ERNAKULAM, PIN - 682011
             REPRESENTED BY SECRETARY.
      4      SECRETARY
             COCHIN CORPORATION,
             ERNAKULAM, PIN - 682011
             BY ADVS.
             SMT.SAROJINI - GP
             SRI.K.JANARDHANA SHENOY - SC



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    01.08.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 19112 of 2023
                                  :2:




                     DEVAN RAMACHANDRAN, J.
                  =========================
                      W.P.(C).No. 19112 of 2023
                 ==========================
                 Dated this the 1st day of August, 2023

                             JUDGMENT

The petitioner says that his father Ayyappan unfortunately

died while he was working as a sweeper in the services of the

Cochin Corporation and that he, therefore, preferred Ext.P1

application for compassionate appointment, with the consent of the

other two legal heirs. He says that even though this application

was forwarded by the Corporation of Cochin to the Government of

Kerala through Ext.P2, no action has been taken thereon, until now.

He thus prays that either the Corporation of Cochin or the

Government of Kerala be directed to take a decision on Ext.P1

application for compassionate appointment, within a time frame to

be fixed by this Court; adding that he is going through extreme

financial crisis both for himself and his family.

2. The learned Standing Counsel for the Corporation of

Cochin - Sri.K.Janardhana Shenoy, in response to the afore

submissions of Sri.Madhusoodanan K.S. - learned counsel for the

petitioner, affirmed that Ext.P1 has been forwarded to the

Government through Ext.P2 and that it appears to be still pending.

3. The learned Government Pleader - Smt.K.G.Sarojini, W.P.(C).No. 19112 of 2023

submitted that, if Ext.P1 is still pending before the Government, as

reflected in Ext.P2, then necessary action thereon will be taken

without any avoidable delay.

In the afore circumstances, and since it is virtually without

contest that the Authority to take a decision on Ext.P1 is the

Government of Kerala, I order this writ petition and direct its

competent Authority to take up the same and issue appropriate

orders thereon, as expeditiously as is possible, but not later than

two months from the date of receipt of a copy of this judgment.

Needless to say, depending upon the decision to be taken by

the Government and communicated to the Corporation of Cochin,

all consequential action and orders will be issued by the latter,

without any avoidable delay thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm W.P.(C).No. 19112 of 2023

APPENDIX OF WP(C) 19112/2023

PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF THE RELEVANT PAGES OF APPLICATION FOR APPOINTMENT UNDER DYING HARNESS SCHEME DATED 05-06-2019 Exhibit P2 PHOTOCOPY OF THE FORWARDING LETTER EXCLUDING ENCLOSURES DATED 09-11-2021 BEARING NO. MOH4/ 020283/ 19 OF THE ADDITIONAL SECRETARY OF 3RD RESPONDENT ADDRESSED TO THE 2ND RESPONDENT

RESPONDENTS' EXHIBITS : NIL