High Court Kerala High Court

N.P.Kunhikkannan vs The Assistant Commissioner on 13 June, 2007

Kerala High Court
N.P.Kunhikkannan vs The Assistant Commissioner on 13 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7603 of 2007(S)


1. N.P.KUNHIKKANNAN, S/O KUMARAN,
                      ...  Petitioner

                        Vs



1. THE ASSISTANT COMMISSIONER,
                       ...       Respondent

2. THE AREA COMMITTEE

3. STATE OF KERALA,

                For Petitioner  :SRI.P.NARAYANAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.S.RADHAKRISHNAN
The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :13/06/2007

 O R D E R


                               K.S.Radhakrishnan

                                            &

                              Antony Dominic, JJ.

                  ========================

                           W.P.(C)No.7603 of 2007

                  ========================


                Dated this the  13th  day of June, 2007.


                                     JUDGMENT

Radhakrishnan,J.

This Writ Petition is preferred challenging Ext.P5 notification

issued by the first respondent calling for fresh applications for

appointment to the very same post of non-hereditary trustee in

Vellalath Siva Temple. Petitioner stated that the respondents as per

Ext.P3 notification dated 13.3.2006 commenced selection process for

appointment in one of the vacancies of non-hereditary trustee. In

pursuance to the notification, three persons had applied and interview

was held on 21.6.2006. However, selection was not finalised. Later,

an Area Committee met on 7.12.2006 and passed a resolution No.85

to cancel the earlier notification and to re-notify the vacancy in order

to widen the scope of selection. Counsel for the third respondent

submitted that the decision of the Area Committee to re-notify the

vacancy is to select persons of their choice.

2. We do not find any reason to cancel the earlier notification,

WP(C) 7603/07 -: 2 :-

since the entire selection procedure has already been completed

including the interview. Hence, there is no justification to re-notify the

same, especially when no reasons have been stated for fresh

notification, so as to widen the scope of selection. We direct the

respondents to complete the selection procedure pursuance to Ext.P3

within a period of one month from the date of receipt of a copy of this

judgment.

Writ Petition is disposed of as above.

K.S.Radhakrishnan,

Judge.

Antony Dominic,

Judge.

ess 13/6