K.Mukundan v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 ---------------------------- PETITIONER(S):

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

1. K.MUKUNDAN, AGED 51 YEARS, S/O.LATE SANKARAN, CHERUKAADUPARAMBA HOUSE, P.O.PANTHEERANKAAVU, KOZHIKODE - 673 019.

2. P.ANIL KUMAR, AGED 44 YEARS, S/O.PERAVAN, PANANGAVIL HOUSE, P.O.PANTHEERANKAAVU, KOZHIKODE - 673 019.

3. V.ARUN KUMAR, AGED 52 YEARS, S/O.LATE APPUTTY, VALLUVARTHODI HOUSE, P.O.PANTHEERANKAAVU, KOZHIKODE - 673 019.

4. S.M.DHANEESH, AGED 40 YEARS, S/O.VASU, SOODRAMANAPATTIL HOUSE, P.O.PANTHEERANKAAVU, KOZHIKODE - 673 019.

BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN SRI.A.M.UMAR NASEEF RESPONDENT(S):

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

1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 033.

2. THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, REVENUE COMPLEX, PUBLIC OFFICE COMPOUND, THIRUVANANTHAPURAM - 695 001.

3. ASSISTANT EXECUTIVE ENGINEER, KOZHIKODE BLOCK PANCHAYAT, OFFICE OF THE KOZHIKODE BLOCK PANCHAYATH, KOZHIKODE - 673 001.

--2--

--2-- ---------------------------------------

4. PERUVAYAL GRAMA PANCHAYAT, PERUVAYAL, KOZHIKODE DISTICT - 673 008, REPRESENTED BY ITS SECRETARY.

5. PERUMANNA GRAMA PANCHAYATH, PERUMANNA, KOZHIKODE DISTICT - 673 019, REPRESENTED BY ITS SECRETARY.

6. OLAVANNA GRAMA PANCHAYAT, OLAVANNA, KOZHIKODE DISTICT - 673 008, REPRESENTED BY ITS SECRETARY.

R1 TO R3 BY SENIOR GOVT. PLEADER SRI.MUHAMMED SHAFI.M R4 BY ADV. SRI.K.A.SALIL NARAYANAN R5 BY ADV. SRI.VINOD SINGH CHERIYAN R6 BY ADVS. SRI.R.SUDHISH SRI.VINOD SINGH CHERIYAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

--------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1:

A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE SUPERINTENDING ENGINEER, PWD BUILDINGS, KOZHIKODE TO THE 1ST PETITIONER. P2:

A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE SUPERINTENDING ENGINEER, PWD BUILDINGS, KOZHIKODE TO THE 2ND PETITIONER. P3:

A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE SUPERINTENDING ENGINEER, PWD ROADS AND BRIDGES, KOZHIKODE TO THE 3RD PETITIONER.

P4:

A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE EXECUTIVE ENGINEER, PWD BUILDINGS DIVISION, KOZHIKODE TO THE 4TH PETITIONER. P5:

A TRUE COPY OF G.O.(MS) NO.17/2013/PWD DATED 14/2/2013 ISSUED BY PUBLIC WORKS (H) DEPARTMENT.

P6:

A TRUE COPY OF THE GO(MS) NO.318/2013/LSGD DATED 28/9/2013 OF FIRST RESPONDENT.

P7:

A TRUE COPY OF THE CIRCULAR NO.DBI-7942/2013/CE/LSDG DATED 10/10/2013 ISSUED BY THE 2ND RESPONDENT. P8:

A TRUE COPY OF THE INTERIM ORDER DATED 6/11/2014 IN WPC NO.29229/2014 PASSED BY THE HON'BLE COURT OF KERALA. RESPONDENT(S)' EXHIBITS:

--------------------------------------- EXT.R5(A) :

COPY OF JUDGMENT DATED 20.1.2015 OF THE HIGH COURT OF KERALA IN WP(C)NO.19528/2014 (M).

//TRUE COPY// P.S. TO JUDGE mbr/

A.M. SHAFFIQUE, J.

============= W.P. (C) No. 32950 of 2014 =================== Dated this, the 13th day of October, 2015

J U D G M E N T

Learned counsel for the petitioners submits that the writ petition is covered by the judgment reported in Contractors Union v. Corporation of Thiruvananthapuram (2015 (1) KLT 965).

Under such circumstances, I do to think that the petitioners are entitled for any relief as sought for in the writ petition and accordingly, taking note of the aforesaid judgment, this writ petition is dismissed.

Sd/- A.M. SHAFFIQUE, JUDGE Rp 14/10/2015 //True Copy// P.S to Judge