Citation : 2023 Latest Caselaw 12786 Ker
Judgement Date : 8 December, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
WP(C) NO. 41199 OF 2023
PETITIONER:
M.A.SAINULLABDIN
AGED 58 YEARS
S/O.M.C.ABDHUL RAHMAN , PROPRIETOR, MC PRINTERS,
DOING BUSINESS AT MC BUILDING, THANCHANADI,
PUTHUKODE (P.O), ALATHUR, PALAKKAD DISTRICT,
PIN - 678687
BY ADVS.
R.O.MUHAMED SHEMEEM
NASEEHA BEEGUM P.S.
RESPONDENTS:
1 THE DIRECTOR
DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT ,
POOJAPPURA, THIRUVANATHAPURAM, PIN - 695012
2 THE PRINCIPAL SECRETARY
FINANCE AND STORE PURCHASE DEPARTMENT,
ROOM NO:389 1ST FLOOR M A I N BIOCK, GOVT: SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001
3 STATE OF KERALA
REPRESENTED BY PRINCIPLE SECRETARY, WOMEN AND CHILDREN
DEPARTMENT, GOVT. SECRETARIAT, MAHATMA GANDHI ROAD,
NEAR CENTRAL STADIUM JUNCTION, STATUE, PALAYAM,
THIRUVANANTHAPURAM, KERALA, PIN - 695001
SMT VIDYA KURIAKOSE-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 41199 OF 2023 2
JUDGMENT
Amidst the various assertions, averments and allegations in this writ
petition, when this matter was called today, the learned counsel for the
petitioner, confined his plea that the 1 st respondent - Director, Department
of Women and Child Development be directed to take up Ext.P2
representation and dispose it of, within a time frame to be fixed by this
Court.
2. Smt.Vidya Kuriakose - learned Government Pleader appearing
for the respondents, submitted that there is no legal impediment in Ext.P2
being taken up and disposed of by the 1st respondent; but prayed that this
Court may not make any affirmative declarations on the entitlement of the
petitioner to any relief and leave it to be decided by the competent
Authority, in terms of law. She added that, in any event, what is submitted
by the petitioner in Ext.P2 is only an apprehension and nothing more.
In the afore circumstances, I allow this writ petition and direct the 1st
respondent to take up Ext.P2 representation of the petitioner and dispose of
the same, after affording him an opportunity of being heard; thus
culminating in an appropriate order and necessary action thereon, as
expeditiously as is possible, but not later than two months from the date of
receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/8.12
APPENDIX OF WP(C) 41199/2023
PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 22.11.2023, NO. 613/2023/WCDD, OF THE 1ST RESPONDENT, Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 24.11.2023, TO THE 1ST RESPONDENT BY THE PETITIONER
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