High Court Kerala High Court

Rajeevan Edavalath vs State Of Kerala on 20 October, 2006

Kerala High Court
Rajeevan Edavalath vs State Of Kerala on 20 October, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1903 of 2006(B)


1. RAJEEVAN EDAVALATH,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DISTRICT EMPLOYMENT OFFICER,

3. THE EMPLOYMENT OFFICER,

4. KERALA WATER AUTHORITY,

5. THE CHIEF ENGINEER,

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  :SRI.SAJAN MANNALI, SC, KWA

The Hon'ble MR. Justice K.K.DENESAN

 Dated :20/10/2006

 O R D E R
                         K.K. DENESAN, J.



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                 W.P.(C)  No. 1903 OF 2006 B

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             Dated this the  20th October, 2006



                         J U D G M E N T

The petitioner had registered his name with the

Employment Exchange, Kozhikode in 1987. According to

him, he belongs to Mannan community which is included

in the list of Scheduled Castes in the State of Kerala.

He has crossed the age of 45 years and possesses

I.T.C. (Plumber) Trade passed in 1981. For some time,

he could not take steps to renew the registration.

When he approached the authorities requesting to renew

his registration and to sponsor his name for suitable

employment, the authorities did not take timely action

and finally he had to approach this Court for reliefs.

This Court as per Ext. P6 judgment passed on 17-8-2004

directed the 2nd respondent, viz., the District

Employment Officer, Kozhikode to look into Ext. P3

representation filed by the petitioner on 17-10-2001

with notice to the petitioner and to set right the

WPC No. 1903/06 -2-

illegality, if any, committed. Pursuant to Ext. P6,

the petitioner submitted Ext. P7 representation on

25-11-2004 before the 4th respondent complaining that

the appointments made through the Employment Exchange

were overlooking the legitimate claim of the

petitioner. Having not received any reply to Ext. P7

representation, he has filed this writ petition.

2. Learned Govt. Pleader, on instruction, submits

that the 2nd respondent has issued notice to the

petitioner directing him to appear before the 2nd

respondent on 19-10-2004, the petitioner responded to

the notice, at the time of hearing he was told that he

should produce certificate from the Tahildar having

jurisdiction over the area where the petitioner had

been residing showing that he belongs to Mannan

community; but the petitioner has not so far produced

the requisite certificate and therefore further action

has not been taken on the representation of the

petitioner. The case of the respondent is that due to

the laches on the part of the petitioner, further

proceedings could not be pursued on the grievance of

the petitioner. Govt. Pleader submits that it is open

WPC No. 1903/06 -2-

to the petitioner to produce the caste certificate from

the Tahsildar within a reasonable time, in which case,

the 2nd respondent will take appropriate action in

accordance with law.

3. Having regard to the above good gesture shown

by the 2nd respondent despite the lethargy or failure on

the part of the petitioner in not producing the

requisite certificate, the petitioner shall take

immediate action to obtain the certificate, if he is

eligible and produce the same before the 2nd respondent

within a period of two months from today. If any such

certificate is produced, the 2nd respondent will be free

to close the concerned file for want of response from

the petitioner.

The writ petition is disposed of as above.

K.K. DENESAN

JUDGE

jan/-