High Court Kerala High Court

Prasannakumariamma vs State Of Kerala on 2 September, 2010

Kerala High Court
Prasannakumariamma vs State Of Kerala on 2 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27202 of 2010(A)


1. PRASANNAKUMARIAMMA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DISTRICT SUPPLY OFFICER,

3. TALUK SUPPLY OFFICER, KUNNATHOOR TALUK,

4. C.G.VIJAYAKUMAR, PUTHU VARATHU VEED,

5. SHAJAHAN, PAMPADAZHITHEKKATHIL,

6. M.SANKARA KURUP, AMBIKA BHAVANAM,

                For Petitioner  :SRI.SOORANAD S.SREEKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :02/09/2010

 O R D E R
                       ANTONY DOMINIC, J.
              --------------------------------------------------
                 W.P.(C) NO.27202 OF 2010(A)
              --------------------------------------------------
         Dated this the 2nd day of September, 2010

                           J U D G M E N T

Petitioner was an applicant for ARD.No.58 for Kunnathur

Taluk in Kollam District, along with respondents 4 to 6. On

conclusion of the selection process, the 4th respondent was

appointed. Against that appointment, petitioner and others filed

appeal which was disposed of by the District Collector setting

aside the appointment and ordering re-notification. This order was

confirmed by the Commissioner and the Government. Now the

petitioner contends that since the order appointing the 4th

respondent has been set aside, instead of re- notification, his

candidature ought to have been considered for appointment.

2. Against the appointment of the 4th respondent, the

petitioner filed an appeal before the District Collector and had

secured an order for re-notification and petitioner did not pursue

the matter thereafter. Therefore, as far as the petitioner is

concerned, with the order of the District Collector, the

proceedings have become final. This order requires re-notification

and therefore the petitioner cannot now seek an order from this

WPC.No. 27202/2010
:2 :

court requiring the respondents to consider his candidature for

appointment. In that view of the matter the relief sought for

cannot be granted.

3. Be that as it may, having regard to the order passed by

the District Collector, which has been confirmed by the

Commissioner and the Government, it is necessary that the

respondents should initiate expeditious action for issuing

notification, which shall be issued, within 4 weeks from the date

of production of a copy of the judgment.

Writ petition is disposed of as above.

(ANTONY DOMINIC)
JUDGE
vi/