K.P.Shaji v. Chief Secretary To Government

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 11TH DAY OF FEBRUARY 2015/22ND MAGHA, 1936 WP(C).No. 4413 of 2015 (B) ---------------------------------------- PETITIONER(S) :

------------------------ K.P.SHAJI, AGED 45 YEARS, KOTTUVAKKAL HOUSE, KALLAR VATTAYAR P.O, IDUKKI. BY ADV. SRI.P.P.JACOB RESPONDENT(S) :

----------------------------

1. THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE PRINCIPAL SECRETARY TO GOVERNMENT(FINANCE), FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

3. THE DIRECTOR OF HEALTH DEPARTMENT, OFFICE OF THE HEALTH DEPARTMENT, THIRUVANANTHAPURAM-695 001

4. THE CHIEF ENGINEER, PWD BUILDING DIVISION, THIRUVANANTHAPURAM-695 001. BY SR.GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 4413 of 2015 (B) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE SECOND RESPONDENT TO THE 3RD RESPONDENT DATED 23/08/2014.

P2:

TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT DATED 18/10/2014.

P3:

TRUE PHOTOCOPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 05/12/2014.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

P.R. RAMACHANDRA MENON, J.

----------------------------------- W.P(C). No. 4413 of 2015 ------------------------------------------- Dated this the 11th day of February, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"i.

Issue a writ of mandamus or any other writ order or direction directing the respondents to consider Ext.P3 representation and ensure that the development programme offered by the Chief Minister for the improvement of the facilities in the Taluk Hospital, Adimaly is implemented without delay.

ii.

Direct the respondents to initiate follow up action pursuant to Ext.P1 and P2 and ensure that the development programme of the Taluk Hospital, Adimaly offered by the Chief Minister is implemented immediately."

2.

Today, when the matter is taken up for consideration, the learned counsel for the petitioner submits that, the petitioner will be satisfied, if a direction is given to the 3rd respondent to consider and pass final orders on Ext.P3, in accordance with law, within a reasonable time.

3.

Heard the learned Government Pleader as well, who submits that, consultation with the 2nd respondent is necessary

WP(c). No.4413 of 2015 before the proceedings are considered and finalized by the 3rd respondent.

4.

After hearing both the sides, the writ petition is disposed of, directing the 3rd respondent to consider and pass appropriate orders on Ext.P3, in accordance with law, after affording an opportunity of hearing to the petitioner. It shall be done, at expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 3rd respondent for further steps.

Sd/- P.R. RAMACHANDRA MENON, JUDGE.

Pn