V.Shaik Pareed v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937 WP(C).No. 24527 of 2015 (S) ---------------------------- PETITIONER :
----------------------- HAJI V. SHAIK PAREED, AVM, HOUSE NO.4, PATHANAMTHITTA -689 645.
BY ADV. SRI.S.GANESH RESPONDENT(S):
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1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2. SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (MINORITY WELFARE) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3. SECRETARY TO GOVERNMENT, PERSONAL AND ADMINISTRATIVE REFORMS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
4. SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
5. SECRETARY TO GOVERNMENT, DEPARTMENT OF LAW, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY SR GOVERNMENT PLEADER SRI.P.I.DAVIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 24527 of 2015 (S) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - A TRUE COPY OF THE REQUEST DATED 13.6.2011 SUBMITTED BEFORE THE HON'BLE CHIEF MINISTER AND THE RELEVANT PORTION OF THE OFFICE NOTES PERTAINING TO THE SAME AS OBTAINED UNDER THE RIGHT TO INFORMATION ACT ALONG WITH ENGLISH TRANSLATION P2 - A TRUE COPY OF THE PETITION DATED 9.5.2015 SUBMITTED BY THE PETITIONER ALONG WITH ENGLISH TRANSLATION P3 - A TRUE COPY OF THE COMPLIANT DATED 6.8.2015 BEFORE THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS:
NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.No.24527 of 2015 ---------------------------------------- Dated this the 17th day of August 2015
J U D G M E N T
Ashok Bhushan, CJ Heard learned counsel for the petitioner.
2.
This writ petition is filed as a public interest litigation raising a grievance regarding the functioning of the Minority Welfare Department. Petitioner's apprehension is that when the post of Director will fall vacant on 24/08/2015, Government may not adopt proper procedure for appointment of regular Director. With regard to certain other allegations or complaints, a representation Ext.P3 dated 06/08/2015 has been submitted by the petitioner to the State Government.
3.
We are of the view that it is for the Government to look into the functioning of the Department and it is not for this Court to entertain in a public interest litigation the various issues which require consideration of facts, auditing the accounts and other matters. Petitioner, having already approached the State Government by submitting Ext.P3 representation dated
06/08/2015, we observe that the representation submitted by the petitioner shall be looked into by the Government, expeditiously. With these observations, this writ petition is closed. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr