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.
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W.P.(C). NO.876 OF 2010
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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