IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1814 of 2008()
1. M.VASUDEVAN
... Petitioner
Vs
1. COMMISSIONER OF CIVIL SUPPLIES AND ORS.
... Respondent
For Petitioner :SRI.N.RAGHURAJ
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :02/09/2008
O R D E R
H.L.DATTU, C.J. & A.K.BASHEER, J.
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W.A.No.1814 of 2008
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Dated, this the 2nd day of September, 2008
JUDGMENT
H.L.Dattu, C.J.
This writ appeal is directed against the orders passed by the
learned Single Judge in W.P.(C) No.25697 of 2008 dated 26th August,
2008. By the impugned order, the learned Single Judge has rejected the
writ petition.
(2) The primary relief that was sought for by the petitioner
in the writ petition was to direct the second respondent to accept the
petitioner’s application for consideration for appointment of AWD No.3 at
Mathilakam in Kodungallur.
(3) The learned Single Judge has rejected the writ petition
solely on the ground that the petitioner has not produced any material
before the Court to show that he had submitted the application before the
last date for receipt of the application. This is a disputed fact and this
disputed fact cannot be resolved in this proceedings under Article 226 of
the Constitution.
(4) Keeping that principle in view, in our opinion, the
learned Single Judge has rightly rejected the writ petition. Therefore,
W.A.No.1814 of 2008
2
interference with the said order is not called for. Accordingly, the writ
appeal requires to be rejected and it is rejected.
Ordered accordingly.
(H.L.DATTU)
CHIEF JUSTICE
(A.K.BASHEER)
JUDGE
vns