Kerala High Court
Suhas Rajappan vs The State Of Kerala on 15 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 2423 OF 2024
PETITIONER:
SUHAS RAJAPPAN, AGED 58 YEARS, S/O. RAJAPPAN, RESIDING
AT SURJITH NIVAS, KANJIRAMATTAM, P.O., AMBALLOOR,
ERNAKULAM DISTRICT - 682315
BY ADVS.
JOBY JACOB PULICKEKUDY
ANIL GEORGE
SMITHA PHILIPOSE
ASHIK TOM
ALEX KEVIN GEORGE
AAKHIL MOHAMMED.P.M
RESPONDENTS:
1 THE STATE OF KERALA
KERALA REP. BY ITS CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
2 THE PUBLIC WORKS DEPARTMENT(ROADS DIVISION),
REP. BY ITS EXECUTIVE ENGINEER, PWD ROADS DIVISION
KOTTAYAM, PIN - 686002
3 THE EXECUTIVE ENGINEER
OFFICE OF THE EXECUTIVE ENGINEER, LID & EW DIVISION
KOTTAYAM, PIN - 686002
4 ASSISTANT EXECUTIVE ENGINEER, PWD
VAIKOM SUB DIVISION, VAIKOM, KOTTAYAM, PIN - 686141
SMT.VIDYA KURIAKOSE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2423 OF 2024
2
JUDGMENT
When this matter was called today, the learned
Government Pleader - Smt.Vidya Kuriakose, vehemently
submitted that this writ petition is not maintainable, when the
petitioner has not challenged the earlier order of the Executive
Engineer, PWD Roads Division, Kottayam, namely Order
No.AB2(2)-1724/2019 dated 15.03.2021 - which has been
referred to as item No.1 in Ext.P1 order.
2. Sri.Joby Jacob Pulickekudy - learned counsel for the
petitioner, conceded that his client has not challenged the
afore order and sought liberty for him to do so, through an
appropriate fresh writ petition. He, however, prayed that the
interim order granted by this Court in this writ petition be
maintained for a few days, so that his client can invoke such
remedy, without the threat of imminent coercive action.
3. I propose to accede to the afore request of the
petitioner because, as rightly argued by Smt.Vidya Kuriakose,
a challenge to Ext.P1 may not be possible, without him
assailing the earlier order of the Executive Engineer, PWD
WP(C) NO. 2423 OF 2024
Roads Division, wherein, a recommendation had been made to
cancel his licence. Obviously, therefore, a renewal of his
licence may not be possible to be directed, in the absence of
the said order being challenged.
In the afore circumstances, I allow the request of the
petitioner and close this writ petition, as having been
withdrawn; with liberty being reserved to the petitioner to
approach this Court again, with a fresh writ petition; for which
purpose, I further direct that the interim order granted by this
Court on 22.01.2024 and which is still pending, shall be in
force until 28.02.2024.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 2423 OF 2024
APPENDIX OF WP(C) 2423/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE PHOTOCOPY OF ORDER NO.
SESCRD/932/2023-F1-PWD DATED 27.11.2023
ISSUED BY THE 5TH RESPONDENT TO THE
PETITIONER
Exhibit P2 THE TRUE PHOTOCOPY OF THE B CLASS
CERTIFICATE OF REGISTRATION DATED
11.10.2012 ISSUED BY THE 5TH RESPONDENT
Exhibit P3 THE TRUE PHOTOCOPY OF PERFORMANCE
CERTIFICATE DATED 14.12.2022 ISSUED BY THE
3RD RESPONDENT
Exhibit P4 . THE TRUE PHOTOCOPY OF THE APPLICATION
FOR RENEWAL OF CERTIFICATE OF REGISTRATION
DATED 05.05.2023
Exhibit P5 THE TRUE PHOTOCOPY OF NOTICE DATED
07.09.2021 FROM THE 3RD RESPONDENT TO THE
5TH RESPONDENT
Exhibit P6 THE TRUE PHOTOCOPY OF NOTICE DATED
31.08.2021 FROM THE 3RD RESPONDENT TO THE
4TH RESPONDENT
Exhibit P7 THE TRUE PHOTOCOPY OF APPLICATION BY THE
PETITIONER TO 2ND RESPONDENT DATED
23.12.2021
