High Court Kerala High Court

V.K.Abdul Salam vs The State Of Kerala on 25 January, 2010

Kerala High Court
V.K.Abdul Salam vs The State Of Kerala on 25 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 876 of 2010(H)


1. V.K.ABDUL SALAM, AGED 52 YEARS,
                      ...  Petitioner

                        Vs



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

2. THE DIRECTOR OF URBAN AFFAIRS,

3. THE CHIEF ENGINEER,

                For Petitioner  :SRI.M.R.GOPALAKRISHNAN NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :25/01/2010

 O R D E R
                          C.T. RAVIKUMAR, J.
                   --------------------------------------------
                        W.P.(C). NO.876 OF 2010
                   --------------------------------------------
                  Dated this the 25th day of January, 2010


                                JUDGMENT

The petitioner is an Assistant Executive Engineer in the Zonal Ofice

of the Corporation of Cochin. While the petitioner was working as an

Assistant Engineer in Kalpetta Municipality, he was issued with a show

cause notice dated 4.3.2001 in connection with the digging of well at

Kurunthana Colony. It culminated in Ext.P1 order whereby he was

imposed with the penalty of withholding of one increment with cumulative

effect. It was also ordered to recover a sum of Rs.3619.50 from the

petitioner. Feeling aggrieved by Ext.P1 order, the petitioner preferred an

appeal dated 27.7.2007, before the first respondent, as is evident from

Ext.P2. The grievance of the petitioner is that it is gathering dust. Ext.P3

would show that Ext.P2 was forwarded to the first respondent by the

Secretary, Thodupuzha Municipality on 30.7.2001. When a statutory

appeal is preferred before an authority, that authority is bound by duty to

dispose of it within a reasonable time. There is no justification at all for

not considering Ext.P2 appeal and pass orders thereon, in accordance with

law. Disuse of power is no doubt, equally contemptuous as abuse or

W.P.(C) NO.876 of 2010 2

misuse of power. Considering the long lapse of time in the matter of

consideration of Ext.P2 appeal, I am inclined to dispose of the Writ Petition

with a direction to the first respondent to consider Ext.P2 appeal. Therefore,

there shall be a direction to the first respondent to consider Ext.P2 appeal

and pass orders thereon expeditiously, at any rate, within a period of one

month from the date of receipt of a copy of this judgment. To enable the

first respondent to comply with the aforesaid direction, the petitioner shall

forward a copy of Ext.P2 appeal along with the copy of this judgment.

(C.T. RAVIKUMAR, JUDGE)

spc

W.P.(C) NO.876 of 2010 3

C.T. RAVIKUMAR, J.

CRL. M.C. NO.

O R D E R

3rd June, 2009