High Court Kerala High Court

Prakash E.K vs State Of Kerala on 11 June, 2009

Kerala High Court
Prakash E.K vs State Of Kerala on 11 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22102 of 2008(F)


1. PRAKASH E.K.,
                      ...  Petitioner

                        Vs



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

2. THE CHAIRMAN, SCRUTINY COMMITTEE FOR

3. DIRECTOR, KERALA INSTITUTE FOR

4. VIGILANCE OFFICER, VIGILANCE CELL,

                For Petitioner  :SRI.P.GOPALAKRISHNAN NAIR

                For Respondent  :SMT.N.SANTHA

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :11/06/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                      -------------------------------------
                       W.P.(C)No.22102 of 2008
                     --------------------------------------
                         Dated 11th June, 2009

                                JUDGMENT

Heard Sri.P.Gopalakrishnan Nair, the learned counsel

appearing for the petitioner, Sri.P.Santhosh Kumar, the learned

Government Pleader appearing for respondents 1 to 4 and

Sri.K.A.Balan, the learned counsel appearing for the additional fifth

respondent.

2. In this writ petition, the petitioner who is presently

working as Director of Treasuries challenges Ext.P12 letter dated

19.6.2006 sent by the Chairman of the Scrutiny Committee for

Verification of Community Certificates to the Director of KIRTADS

requesting him to conduct a detailed enquiry into the caste status of

the petitioner and to furnish a report to the Scrutiny Committee within

three months. He also challenges Exts.P11 and P13 notices dated

5.4.2008 and 1.7.2008 respectively issued by the Vigilance Cell of

KIRTADS requesting him to appear for a personal hearing in

connection with the enquiry being conducted by the KIRTADS.

3. Sri.P.Santhosh Kumar, the learned Government Pleader

appearing for respondents 1 to 4 submits that a decision has been

taken to withdraw the notices impugned in this writ petition without

WP(C).No.22102/2008 2

prejudice to the right of the State Government to act as directed by

this Court in paragraph 17 of Ext.P10 judgment. In my opinion, in

view of the stand taken by the State Government, this writ petition has

become infructuous. It is accordingly closed as infructuous without

prejudice to the contentions on both sides and without prejudice to the

right of the Government if they are so advised to act as directed by

this Court in paragraph 17 of Ext.P10 judgment. Needless to say if the

Government initiates any such action, it will be open to the petitioner

to defend the same by raising all available contentions. It is clarified

that the fifth respondent will have no right to participate in the

proceedings if any initiated by the Government.

P.N.RAVINDRAN
Judge

TKS