Mohanlal K.M vs The District Collector
2023 Latest Caselaw 10 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                        WP(C) NO. 504 OF 2023
PETITIONERS:

    1       MOHANLAL K.M
            AGED 62 YEARS
            S/O MADHAVAN K.R,
            PALAZHI HOUSE, THAZHATHANGADI P.O,
            KOTTAYAM, PIN - 686005
    2       KRISHNANKUTTI P.K
            AGED 62 YEARS
            S/O KANNAN,
            PUTHIRIPATUKUDI HOUSE, THURUTHI P.O,
            KURUPPAMPADI, ERNAKULAM, PIN - 683545
    3       T.K. PRAKASHAN
            AGED 62 YEARS
            S/O KUMARAN,
            VELLAPPALLI HOUSE, KUMARAKAM P.O,
            KOTTAYAM
            PIN - 686563
    4       VIJIMON THOMAS
            AGED 62 YEARS
            S/O V.V.AIVANKUNJ
            VAALAMPARAMBIL HOUSE, PALLAM P.O,
            KOTTAYAM, PIN - 686007
    5       SUSHEELAN C.P
            AGED 62 YEARS
            S/O PAAPPU,
            CHETTIYAKULAM HOUSE, KUMARAKAM SOUTH P.O,
            KOTTAYAM, PIN - 686563
    6       N. SIVANPILLA
            AGED 60 YEARS
            S/O NARAYANAPILLA,
            KEEZHEETTUVADAKKETHIL PUTHANVEEDU,
            POOVATHOOR EAST, KALAYAPURAM P.O,
            KOTTARAKKARA, KOLLAM, PIN - 691560
    7       M.I. SABU
            AGED 62 YEARS
            S/O M. J.IYPPE,
            MANGAATTU HOUSE, NATTAKAM P.O,
            KOTTAYAM, PIN - 686513
    8       LALU P. THOMAS
            AGED 61 YEARS
            S/O THOMAS KURIAN,
            PULLOLIKKAL HOUSE, VATTAKUNN P.O,
 WP(C) NO. 504 OF 2023
                            2



         KOTTAYAM, PIN - 686516
    9    N.V.ABDUL RAZAK
         AGED 62 YEARS
         S/O MOIDEEN KOYA N.V,
         M.K, HOUSE, KADALUNDI P.O,
         KOZHIKODE, PIN - 673302
   10    JACOB THOMAS
         AGED 62 YEARS
         S/O CHACKO THOMAS,
         VAZHAKKALATHIL HOUSE, PARANTANKUZHI LANE,
         ARATHUTI, KOTTAYAM, PIN - 686001
   11    AJITHKUMAR K.P
         AGED 63 YEARS
         S/O PATHMANABHAPILLA,
         PULIPARAMPIL HOUSE, AROOR P.O,
         ALAPPUZHA, PIN - 688534
   12    JOSEPH PAUL C
         AGED 62 YEARS
         S/O C.J. PAULOSE,
         CHEMBAMKUNNIL HOUSE, CHINGAVANAM P.O,
         KOTTAYAM, PIN - 686531
   13    CHACKO A.K
         AGED 61 YEARS
         S/O KORA CHACKO,
         ATTUMMEL HOUSE, KANNANKARA P.O,
         CHERTHALA, PIN - 688527
   14    THOMAS J
         AGED 62 YEARS
         S/O T.JAMES,
         VAKKAYIL HOUSE, POOVANTHURUTH P.O,
         KOTTAYAM, PIN - 686012
   15    K.V.SHAJI
         AGED 62 YEARS
         S/O K.K.VELU,
         SHARONE NIVAS, KILIROOR,
         KANJIRAM P.O, KOTTAYAM, PIN - 686020
   16    JOHN C. MATHEW
         AGED 62 YEARS
         S/O K.A. MATHAI,
         CHERUVALLIL HOUSE, NATTAKAM P.O,
         KOTTAYAM, PIN - 686013
   17    BASHEER K.M
         AGED 62 YEARS
         S/O MUHAMMED KUNJ RAVUTHAR,
         KAYYALAKATH HOUSE, ITIYIRIKKAPUZHA P.O,
         KANGAZHA, PIN - 686541
 WP(C) NO. 504 OF 2023
                            3



   18    JOHN A.J
         AGED 62 YEARS
         A.T.JOSEPH,
         VAYALILKUNNATHARA HOUSE,
         AYARKUNNAM P.O, AYARKUNNAM, PIN - 686564
   19    JOY SEBASTIAN
         AGED 61 YEARS
         S/O DEVASSYA,
         KUDILIL HOUSE, KANAKKAARI P.O,
         KOTTAYAM, PIN - 686632
   20    M.C. JAYACHANDRAN
         AGED 62 YEARS
         S/O CHANDRASEKHARAN NAIR,
         CHANDRALAYAM HOUSE, S.H.MOUND P.O,
         KOTTAYAM, PIN - 686006
   21    P.V.MAANI
         AGED 60 YEARS
         S/O VARKEY P.M,
         PAZHURVAZHAKALAYIL, PERUMPAYIKAD P.O,
         KOTTAYAM, PIN - 686016
   22    M.U BABU
         AGED 64 YEARS
         S/O M.J. UTHUPP,
         MANGATTU HOUSE, NATTAKAM P.O,
         KOTTAYAM, PIN - 686013
   23    ANILKUMAR G
         AGED 61 YEARS
         S/O K. GOPINATHAKURUPP,
         SRIRANGAMSREELA HOUSE, CHAMPAKARA P.O,
         KARUKACHAL, PIN - 686540
   24    SAAJU CHACKO
         AGED 62 YEARS
         S/O P.C.CHACKO,
         PAYYAMPALLIL HOUSE, VELOOR P.O,
         KOTTAYAM, PIN - 686003
   25    SAYED MUKTHARAHAMMED V
         AGED 63 YEARS
         S/O SAYED ABDUL KHANI,
         72/1264, MAKSAD, CHUNGAMBHAT ROAD,
         WEST HILL, KOZHIKODE, PIN - 673005
   26    THOMAS KUTTI P.T
         AGED 62 YEARS
         S/O P.J. THOMAS,
         VADAKKEPARAMBIL HOUSE, VADAVAATHUR P.O,
         KOTTAYAM, PIN - 686013
   27    ABDUL NASAR P.E
 WP(C) NO. 504 OF 2023
                            4



         AGED 62 YEARS
         /O P.M.IBRAHIM,
         PUTHAKKUZHIYIL HOUSE, PAROLIKKAL,
         ATHIRAMPUZHA P.O, KOTTAYAM, PIN - 686512
   28    SANTHOSH GEORGE
         AGED 61 YEARS
         S/O G. GEORGE,
         SHANTHI NIVAS, CHENKULAM P.O,
         OYOORVAZHI, KOLLAM, PIN - 691510
   29    R.PRAKSH
         AGED 62 YEARS
         S/O RAMCHANDRAN,
         ERAMASSERIL HOUSE, MIRAYAPALLI P.O,
         KOTTAYAM, PIN - 686013
   30    JOSHY M.R
         AGED 62 YEARS
         S/O M.A.RAGHAVAN,
         AYILYAM HOUSE, PUNNATHURA WEST P.O,
         ETTUMANOOR, PIN - 686031
   31    P.K.RADHAKRISHNAN
         AGED 61 YEARS
         S/O K.N. KUTTAN,
         KOTHERI HOUSE, KUDAMALOOR P.O,
         KOTTAYAM, PIN - 686017
   32    MUHAMMED BASHEER P. H
         AGED 61 YEARS
         , S/O P.K. HAMEED,
         YASIN MANZIL, ATHIRAMPUZHA,
         KOTTAYAM, PIN - 686562
   33    SHAJAHAN Y
         AGED 62 YEARS
         S/O K.YUNOOSKUTTI,
         VILAYIL HOUSE, NATTAKAM P.O,
         KOTTAYAM, PIN - 686013
   34    ABDUL AZEES
         AGED 63 YEARS
         K.C. MUHAMMED,
         KINATINKAL HOUSE, VARAKULAM, KARULAAYI P.O,
         NILAMBUR, MALAPPURAM, PIN - 679330
   35    T.V. RADHAKRISHNAN
         AGED 62 YEARS
         S/O P.A. VELAPPAN,
         THADATHTHIL HOUSE, SAUKANTHIKAM VILLA,
         PARAYANTHURUTH ROAD, NEERIKKODE P.O,
         KARUMALOOR, ERNAKULAM, PIN - 683511
   36    NAZAR K.M
 WP(C) NO. 504 OF 2023
                                 5



            AGED 62 YEARS
            S/O MAKKAAR K.K,
            KOLUTHUPARAMBIL HOUSE, CHENGALAM SOUTH P.O,
            KOTTAYAM, PIN - 686022
            BY ADVS.
            S.MANU
            K.S.PRENJITH KUMAR
            JISMIN JOSE
            BEA MARY BENNY


RESPONDENTS:

    1       THE DISTRICT COLLECTOR
            COLLECTORATE, KOTTAYAM KUMILY ROAD,
            KOTTAYAM, PIN - 686002
    2       THE TAHSILDAR
            KOTTAYAM TALUK, 1ST FLOOR, MINI CIVIL STATION,
            UNION CLUB ROAD, PUTHENANGADY, KOTTAYAM, PIN -
            686001
    3       THE DEPUTY LABOUR COMMISSIONER
            CONTROLLING AUTHORITY UNDER PAYMENT OF GRATUITY
            ACT,
            OFFICE OF THE DEPUTY LABOUR COMMISSIONER,
            ETTUMANOOR, KOTTAYAM, PIN - 686031
    4       THE MANAGING DIRECTOR
            THE TRAVANCORE CEMENTS LTD,
            NATTAKOM P.O, KOTTAYAM, PIN - 686013
    5       THE TRAVANCORE CEMENTS LTD
            NATTAKOM P.O, KOTTAYAM
            REPRESENTED BY ITS MANAGING DIRECTOR,
            MR. ANIL KUMAR B., PIN - 686013
            BY ADV LATHA ANAND


OTHER PRESENT:

            SRI.SUNIL KUMAR KURIAKOSE, SR.GP


     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   06.01.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 504 OF 2023
                               6



                P.V.KUNHIKRISHNAN, J.
             ===================
                WP(C) No. 504 OF 2023
             ===================
        Dated this the 6th day of January 2023


                       JUDGMENT

The learned counsel for the petitioners submitted that,

the petitioners want to withdraw this writ petition with

liberty to file it again. Therefore, this writ petition is

dismissed as withdrawn with liberty to file it again.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SAAP WP(C) NO. 504 OF 2023

APPENDIX OF WP(C) 504/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE COMMON ORDER DATED 27.04.2022 ISSUED BY THE 3RD RESPONDENT IN GC NOS. 302/2021 TO 334/2021 Exhibit P1(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P1 Exhibit P2 A TRUE COPY OF THE CORRIGENDUM DATED 28.04.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P2(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P2 Exhibit P3 A TRUE COPY OF THE ORDER DATED 20.09.2021 ISSUED BY THE 3RD RESPONDENT IN GC NO. 9/2020 Exhibit P3(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P3 Exhibit P4 A TRUE COPY OF THE ORDER DATED 27.04.2022 ISSUED BY THE 3RD RESPONDENT IN GC NO. 262/2021 Exhibit P4(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P4 Exhibit P5 A TRUE COPY OF THE CORRIGENDUM DATED 28.04.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P5(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P5 Exhibit P6 A TRUE COPY OF THE ORDER DATED 27.04.2022 ISSUED BY THE 3RD RESPONDENT IN GC NO. 264/2021 Exhibit P6(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P6 Exhibit P7 A TRUE COPY OF THE REQUISITION NO.2022/5768/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 302/2021 Exhibit P7(a) A TRUE COPY OF THE REQUISITION NO.2022/5769/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 303/2021 Exhibit P7(b) A TRUE COPY OF THE REQUISITION NO.2022/5770/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 304/2021 Exhibit P7(c) A TRUE COPY OF THE REQUISITION NO.2022/5771/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. WP(C) NO. 504 OF 2023

305/2021 Exhibit P7(d) A TRUE COPY OF THE REQUISITION NO.2022/5772/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 306/2021 Exhibit P7(e) A TRUE COPY OF THE REQUISITION NO.2022/5773/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 307/2021 Exhibit P7(f) A TRUE COPY OF THE REQUISITION NO.2022/5774/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 308/2021 Exhibit P7(g) A TRUE COPY OF THE REQUISITION NO.2022/5775/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 309/2021 Exhibit P7(h) A TRUE COPY OF THE REQUISITION NO.2022/5776/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 310/2021 Exhibit P7(i) A TRUE COPY OF THE REQUISITION NO.2022/5777/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 311/2021 Exhibit P7(j) A TRUE COPY OF THE REQUISITION NO.2022/5778/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 312/2021 Exhibit P7(k) A TRUE COPY OF THE REQUISITION NO.2022/5779/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 313/2021 Exhibit P7(l) A TRUE COPY OF THE REQUISITION NO.2022/5780/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 314/2021 WP(C) NO. 504 OF 2023

Exhibit P7(m) A TRUE COPY OF THE REQUISITION NO.2022/5781/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 315/2021 Exhibit P7(n) A TRUE COPY OF THE REQUISITION NO.2022/5782/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 316/2021 Exhibit P7(o) A TRUE COPY OF THE REQUISITION NO.2022/5783/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 317/2021 Exhibit P7(p) A TRUE COPY OF THE REQUISITION NO.2022/5784/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 318/2021 Exhibit P7(q) A TRUE COPY OF THE REQUISITION NO.2022/5785/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 319/2021 Exhibit P7(r) A TRUE COPY OF THE REQUISITION NO.2022/5788/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 320/2021 Exhibit P(s) A TRUE COPY OF THE REQUISITION NO.2022/5789/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 321/2021 Exhibit P7(t) A TRUE COPY OF THE REQUISITION NO.2022/5790/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 322/2021 Exhibit P7(u) A TRUE COPY OF THE REQUISITION NO.2022/5791/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 323/2021 Exhibit P7(v) A TRUE COPY OF THE REQUISITION WP(C) NO. 504 OF 2023

NO.2022/5792/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 324/2021 Exhibit P7(w) A TRUE COPY OF THE REQUISITION NO.2022/5794/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 325/2021 Exhibit P7(x) A TRUE COPY OF THE REQUISITION NO.2022/5796/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 326/2021 Exhibit P7(y) A TRUE COPY OF THE REQUISITION NO.2022/5797/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 327/2021 Exhibit P7(z) A TRUE COPY OF THE REQUISITION NO.2022/5798/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 328/2021 Exhibit P7(aa) A TRUE COPY OF THE REQUISITION NO.2022/5799/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 329/2021 Exhibit P7 (ab) A TRUE COPY OF THE REQUISITION NO.2022/5800/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 330/2021 Exhibit P7 (ac) A TRUE COPY OF THE REQUISITION NO.2022/5801/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 331/2021 Exhibit P7 (ad) A TRUE COPY OF THE REQUISITION NO.2022/5802/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 332/2021 Exhibit P7(ae) A TRUE COPY OF THE REQUISITION NO.2022/5803/05 DATED 08.08.2022 ISSUED WP(C) NO. 504 OF 2023

BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 333/2021 Exhibit P7(af) A TRUE COPY OF THE REQUISITION NO.2022/5804/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 334/2021 Exhibit P7(ag) A TRUE COPY OF THE REQUISITION NO.2022/5764/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS. 9/20 Exhibit P7(ah) A TRUE COPY OF THE REQUISITION NO.2022/5765/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS.262/21 Exhibit P7(ai) A TRUE COPY OF THE REQUISITION NO.2022/5766/05 DATED 08.08.2022 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT IN RESPECT OF GC NOS.264/21 Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 02.11.2022 IN WPC NO. 25707 OF 2022 OF THIS HON'BLE COURT Exhibit P9 A TRUE COPY OF THE LETTER NO. REV-

S1/397/2022-REV DATED 12.10.2022 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT OF KERALA TO THE 4TH RESPONDENT ExhibitP9(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P9 Exhibit P10 A TRUE COPY OF THE LETTER NO.

DCKTM/5654/2022-B6 DATED 27.10.2022 ISSUED BY THE 1ST RESPONDENT TO THE 4TH RESPONDENT Exhibit P10(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P10 Exhibit P11 A TRUE COPY OF THE REPRESENTATION DATED 21.11.2022 SUBMITTED TO THE 1ST RESPONDENT Exhibit P12 A TRUE COPY OF THE JUDGMENT DATED 06.07.2022 IN WP(C) NO. 21589 OF 2022

//True Copy // PA to Judge