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High Court of KeralaWP(C)/23297/2012disposed of

Beevi.P.H. v. State Of Kerala

2015-08-04Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR SATURDAY, THE 4TH DAY OF AUGUST 2012/13TH SRAVANA 1934 WP(C).No. 23297 of 2012 (J) ---------------------------- PETITIONER(S):

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1. BEEVI.P.H. Aged 42 years W/O.SHOBHANAN P.K., PUTHENVEETIL THUNDI, KUNDANNOOR MARADU P.O. ERNAKULAM DISTRICT.

2. SALINKUMAR V.K. AGED 40 YEARS S/O. KARUNAKARAN, VETTAKKAL, MARADU PO ERNAKULAM

3. ANILKUMAR, S/O.SADANANDAN, 'CHANDRODAYAM' KUTHIYATHODU KUTHIYATHODU (P.O.) ALAPPUZHA DISTRICT.

BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA SRI.H.PRAVEEN (KOTTARAKARA) RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695001.

2. LOCAL SELF GOVERNMENT DEPARTMENT, REPRESENTED BY PRINCIPAL SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN-695001.

3. MARADU MUNICIPALITY, REPRESENTED BY ITS SECRETARY OFFICE OF THE MARADU MUNICIPALITY MARADU P.O ERNAKULAM DISTRICT, PIN-682304 RR3 BY ADV. SRI.T.R.RAJAN BY SRI.S.CHANDRASENAN BY GOVERNMENT PLEADER SRI.T.R.RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23297 of 2012 (J) APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE MINUTES DECISION NO.VIII(6) DATED 6/7/2011 OF THE COUNCIL OF THE 3RD RESPONDENT.

EXT.P2 TRUE COPY OF THE URGENT ORDER NO.74933/EU.3/10/LOCAL SELF GOVERNMENT INSTITUTIONS OF THE JOINT SECRETARY TO THE 3RD RESPONDENT DATED 22/12/2010.

EXT.P3 TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT TO THE THIRD RESPONDENT DATED 27/12/2010.

EXT.P4 TRUE COPY OF THE ORDER NO.59919/E.U.3/11/LOCAL SELF GOVERNMENT DEPARTMENT TO THE THIRD RESPONDENT, DATED 20/06/2012. EXT.P5 TRUE COPY OF THE ORDER OF THE THIRD RESPONDENT MUNICIPALITY TO THE PETITIONERS DATED 1/8/2012.

EXT.P6: TRUE COPY OF THE GO(MS)NO.1945/2015/LSGD DATED 27.6.2015 EXT.P7: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 6.7.2015 EXT.P7: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER DATED 6.7.2015 EXT.P7: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER DATED 6.7.2015 RESPONDENTS' EXHIBITS :

EXT.R(3)(A):TRUE COPY OF THE ORDER DATED 29.07.2011 OF THE SECRETARY OF THE MARADU MUNICIPALITY EXT.R(3)(B):TRUE COPY OF THE ORDER DATED 1.10.2012 OF THE SECRETARY OF THE MARADU MUNICIPALITY EXT.R(3)(C):TRUE COPY OF THE COMMUNICATION DATED 22.06.2012 OF THE SECRETARY OF THE MARADU MUNICIPALITY TO THE DIRECTOR OF URBAN AFFAIRS //TRUE COPY// P.A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.23297 of 2012 ............................................................. Dated this the 04th day of August, 2015

J U D G M E N T

The petitioners, who are appointed on daily wage basis under the 3rd respondent Municipality seek a direction to the 3rd respondent, before whom they have preferred Exts.P7 to P9 representations in connection with their claim for regularisation in the light of Ext.P6 Government order, to consider the said representations and take an appropriate decision thereon after hearing the petitioners.

2. I have heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I direct the 3rd respondent to consider and pass orders on Exts.P7 to P9 representations preferred by the petitioners within a period of one month from the date of receipt of a copy of this judgment after hearing the petitioners. While passing orders as directed, the 3rd respondent shall take note of Ext.P6 Government order whereby five posts are stated

W.P.(C).No.23297 of 2012 to have been sanctioned in the 3rd respondent Municipality to which the petitioners could possibly be accommodated. The petitioners shall produce a copy of the writ petition together with a copy of this judgment before the 3rd respondent for further action. A.K.JAYASANKARAN NAMBIAR JUDGE mns