Sreenadh vs State Of Kerala
2024 Latest Caselaw 16042 Ker

Kerala High Court

Sreenadh vs State Of Kerala on 7 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                        WP(C) NO. 33273 OF 2017
PETITIONER:

            SREENADH
            AGED 29 YEARS, S/O.SREEKUMAR.K.R,KALATHIL
            HOUSE,CHEMBUKAVU,THRISSUR- 680 020.

            BY ADV SRI.G.SREEKUMAR (CHELUR)



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO THE GOVERNMENTCULTURAL
            AFFAIRS DEPARTMENT,GOVERNMENT
            SECRETARIAT,THIRUVANANTHAPURAM- 695 001

    2       THE DISTRICT COLLECTOR
            COLLECTORATE,AYYANTHOLE, THRISSUR- 680 001

    3       THE CHAIRMAN
            JAWAHAR BALABHAVAN,THRISSURV UNIT,DISTRICT
            COLLECTOR,COLLECTORATE, AYYANTHOLE, THRISSUR- 680 001

    4       N.K. VARGHESE
            FORMER EXECUTIVE DIRECTOR,JAWAHAR
            BALABHAVANCHEMBUKAVU.P.O., THRISSUR- 680 001

    5       THE BOARD OF MEMBERS OF THE DISTRICT COMMITTEE OF THE
            JAWAHAR BALABHAVAN
            REP. BY ITS CHAIRMAN, COLLECTOR,
            COLLECTORATEAYYANTHOLE, THRISSUR- 680 001.


OTHER PRESENT:

            SRI.RIYAL DEVASSY, GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33273 OF 2017


                                   2

                P.V.KUNHIKRISHNAN,J.
             ---------------------
                W.P (C) No.33273 of 2017
          ---------------------------
            Dated this the 7th day of June, 2024

                            JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents to permit the petitioner to continue his employment in the District Jawahar Balabhavan, Thrissur as a magic Instructor in the interest of justice.

ii) Issue a writ of mandamus or any other appropriate writ order or direction in the nature of certiorari commanding the respondents by holding that there is no resignation whatsoever which the petitioner has allegedly tendered and therefore he is entitled to continue his employment in the District Jawahar Balabhavan in the interest of justice.

iii) To pass such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant." (SIC)

2. This writ petition is pending before this Court

from 2017 onwards. The writ petition is listed in the defect

list because the service to the 4 th respondent is not

complete. I am of the prima facie opinion that this writ

petition need not retained here. If the petitioner has got any WP(C) NO. 33273 OF 2017

alternative remedy, the same is left open.

With the above observations, this writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng WP(C) NO. 33273 OF 2017

APPENDIX OF WP(C) 33273/2017

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE SERVICE RULES PERTAINING TO THE KERALA STATE AND DISTRICT JAWAHAR BALABHAVAN EMPLOYEES PROMULGATED AS PER GOVERNMENT ORDER DATED 31.7.97

EXHIBIT P2 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED ON BEHALF OF THE CHAIRMAN IN WPC NO 20717/2017 DATED 25.8.2017

EXHIBIT P3 A TRUE COPY OF THE GOVERNMENT ORDER DATED 19.11.2011

EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION GIVEN BY TO THE FATHER OF THE PETITIONER DATED 22.12.2011

EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER DATED 28.6.2016

EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER DATED 3.7.2016

EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER DATED 23.7.2016

EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION RECEIVED BY THE FATHER OF THE PETITIONER DATED 19.5.2017

EXHIBIT P9 A TRUE COPY OF THE COMPLAINT ACCOMPANYING EXT P8 DATED 18.5.2017

EXHIBIT P10 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 2.6.2017

EXHIBIT P11 A TRUE COPY OF THE COMPLAINT LODGED BY WP(C) NO. 33273 OF 2017

THE PETITIONER DATED 20.5.2017

EXHIBIT P12 A TRUE COPY OF THE COMPLAINT LODGED BY THE MOTHER OF THE PETITIONER DATED 20.5.2017

EXHIBIT P13 A TRUE COPY OF THE INTIMATION GIVEN TO THE PETITIONER DATED 15.7.2017

EXHIBIT P14 A TRUE COPY OF THE ORDER PASSED BY THE SESSIONS COURT, THRISSUR DATED 27.5.2017 IN CRL.MC NO 910/2017

EXHIBIT P15 A TRUE COPY OF THE COMPLAINT OF THE MOTHER OF THE PETITIONER DATED 5.6.2017

EXHIBIT P16 A TRUE COPY OF THE PAPER CUTTING PERTAINING TO THE PERFORMANCE OF THE PETITIONER DATED 13.2.2009 AND DATED 14.2.2009