Biju.P.C vs State Of Kerala
2023 Latest Caselaw 9189 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                   WP(C) NO. 4777 OF 2023
PETITIONER:

           BIJU.P.C,
           EXECUTIVE ENGINEER, PH DIVISION, KERALA WATER
           AUTHORITY, SULTHANBATHERI, WAYANAD.-673121
           BY ADV BHARATH MOHAN


RESPONDENTS:

    1      STATE OF KERALA,
           SECRETARY TO GOVERNMENT, WATER RESOURCES
           DEPARTMENT, SECRETARIAT, TRIVANDRUM -695001
    2      THE KERALA WATER AUTHORITY,
           REPRESENTED BY ITS MANAGING DIRECTOR,
           JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695001
    3      THE DEPARTMENTAL PROMOTION COMMITTEE ,
           (TECHNICAL HIGHER) FOR PREPARING SELECT LIST
           FOR THE POST OF SUPERINTENDING ENGINEERS/DEPUTY
           CHIEF ENGINEERS OF KWA, REPRESENTED BY ITS
           CONVENER (MANAGING DIRECTOR) KERALA WATER
           AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM., PIN
           - 695001


           SRI.P.M.JOHNY [SC]
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WPC 4777/2023
                                 ..2..



                            JUDGMENT

When this matter was called today, the learned counsel for

the petitioner confined his plea that 2 nd respondent be directed to

take up and consider Ext.P4 representation, wherein, he has

sought for reviewing the list prepared by the Departmental

Promotion Committee (DPC), within a time frame to be fixed by

this Court.

2. The learned Standing Counsel for the 2 nd respondent -

Sri.P.M.Johny, submitted that if the petitioner only requires Ext.P4

to be taken up and disposed of by the competent Authority of the

2nd respondent, there does not appear to be any legal

impediment in doing so; but prayed that this Court may not

make any affirmative declarations as to the entitlement of the

petitioner to any relief and leave it to the said authority to take

a decision on it in terms of law.

In the afore circumstances, I order this writ petition and

direct the competent Authority of the 2 nd respondent, to take up

Ext.P4 representation of the petitioner and dispose of the same,

after affording him, as also any other person who may be

interested, an opportunity of being heard; thus culminating in an

appropriate order and necessary action thereon, as expeditiously WPC 4777/2023 ..3..

as is possible, but not later than three months from the date of

receipt of a copy of this judgment.

I make it clear that this Court has not entered into the

merits of any of the contentions of the petitioner and that all of

them shall be considered by the 2 nd respondent appositely,

including the maintainability of Ext.P4, when the afore exercise is

completed.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ACR WPC 4777/2023 ..4..

APPENDIX OF WP(C) 4777/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE GAZETTE NOTIFICATION NO.16443/E9/2020/KWA DATED 1/2/2023 Exhibit P2 TRUE COPY OF THE FINAL REPORT DATED 9/7/2021 SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOZHIKODE IN CC NO. 305/2021 Exhibit P3 TRUE COPY OF THE CASE HISTORY IN RELATION TO CC NO.305/2021 DOWN LOADED FROM THE E-COURT WEBSITE, TO EVIDENCE THAT NO CHARGE SHEET IS LAID AGAINST THE PETITIONER BY THE COURT Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 5/2/2023 Exhibit P5 A TRUE COPY OF THE GAZETTE NOTIFICATION NO.16443/E9/2020/KWA DATED 25.7.2023