IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12357 of 2010(T)
1. T.K.ABDUL LATHEEF,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. THE DISTRICT SUPPLY OFFICER,
3. THE TALUK SUPPLY OFFICER,
For Petitioner :SRI.T.S.RADHAKRISHNA PILLAI
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :08/04/2010
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No. 12357 of 2010-T
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Dated this the 8th day of April, 2010.
JUDGMENT
The petitioner is the legal heir of late Shri T.K. Kunju Muhammed,
who was a licensee of ARD No.201 of Aluva Taluk. He expired on
5.9.2008. There are ten legal heirs, out of which the petitioner is the third
one, going by Ext.P1 legal heirship certificate. All the legal heirs have
consented for the petitioner’s appointment as ARD, which is evident from
Ext.P2. Accordingly, an application along with the required certificates,
have been filed as per Exts.P3 to P5. The said application has been rejected
as per Ext.P7, relying upon the decision of a Division Bench of this Court in
W.A. No.1217/2009.
2. Evidently, the direction issued by the Division Bench in the
judgment in W.A. No.1217/2009 and another judgment, Ext.P8 will not
prevent the consideration of the claim of legal heirs for appointment on a
temporary basis. The direction in Ext.P8 is that priority contemplated under
Clause 45(2) is only subject to the operation of the reservation under clause
45(2)(i) as far as permanent appointment is concerned. In fact, the operative
portion of the said judgment itself shows that as far as temporary
wpc 12357 /2010 2
appointments are concerned, the authority can make appointment till
permanent appointment is made.
3. Ext.P9 is another judgment in W.P.(C) No.4021/2010 wherein
also a similar direction was issued.
4. Therefore, Ext.P7 is quashed. There will be a direction to the
second respondent to pass fresh orders with regard to the claim for
temporary appointment. It is made clear that the said temporary
appointment will be valid till a permanent appointment is made in terms of
the directions issued by the Division Bench.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/