A.S.Sunil Vs. State of Kerala

A.S.Sunil vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 03, 2014

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Citation: sooperkanoon.com/1126549
Court: Kerala High Court
Judge: Honourable Mr.Justice C.K.Abdul Rehim
Decided On: Feb 03, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

A.S.Sunil

Respondent

State of Kerala

Excerpt

.....thrissur, represented by its registrar, pin-680 654.3. the registrar, kerala agricultural university, head office, vellanikkara, thrissur, pin-680 654.4. associate director, regional agricultural research station, kerala agricultural university, kumarakom, kottayam, pin-686 566.5. administrative officer, regional agricultural research station, kerala agricultural university, kumarakom, kottayam, pin-686 566. r1 by government pleader smt. lowsy.a., r2 to r5 by sri.babu joseph kuruvathazha,s.c. this writ petition (civil) having been finally heard on0302-2014, the court on the same day delivered the following: prv. w.p.(c).no.21323/2013-m: appendix petitioners' exhibits: p1: copy of select list dated165.2013 issued by the3d respondent. p2: copy of notification bearing number e3/590/10 dated165.2013 issued along with exhibit p1. p3: copy of letter bearing no.e1/1527/06 dated2412.2011 issued by the5h respondent showing the available vacancies. p4: copy of letter bearing no.e1/1527/06 dated58.2013 issued by the5h respondent narrating the details of casual labourers availed during the period starting from january 2013 till june2013 respondents' exhibits: nil. //true copy// p.s. to judge. prv. c.k.abdul rehim,j.------------------------------- wp(c).no. 21323 of 2013 --------------------------------- dated this the 3rd day of february, 2014 judgment the petitioners are persons included in ext.p1 select list prepared and approved by the 2nd respondent university for appointment as casual labourers at the regional agricultural research station, kumarakom, kottayam. ext.p1 select list is valid for a period of 3 years, starting from 16.5.2013. grievance of the petitioners is that, despite inclusion of their name in the select list, respondents 4 and 5 are continuing with engagement of contract workers on casual basis against the sanctioned posts of casual labourers. the petitioners allege that, appointment of persons included in the select list being delayed with ulterior.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM MONDAY,THE3D DAY OF FEBRUARY201414TH MAGHA, 1935 WP(C).No. 21323 of 2013 (M) ---------------------------------------- PETITIONERS: --------------------- 1. A.S.SUNIL, AGED40YEARS, S/O.SUDHAKARAN.O.K., ATTUCHIRAYIL HOUSEM, KUMARAKOM VILLAGE, KUMARAKOM (NORTH) P.O., KOTTAYAM, PIN-686 566.

2. SHIJIMON.K.K., AGED32YEARS, S/O.KRISHNAN A.P., KOLADICHIRA HOUSE, PARIPU VILLAGE, CHIPPUNKAL P.O., KARIMATTOM, KOTTAYAM, PIN-686 563.

3. NISHAD.M., AGED30YEARS, S/O.K.S.MOHANAN, NISHAD BHAVAN, ARPUKKARA VILLAGE, CHIPPUNKAL P.O., KARIMATTOM, KOTTAYAM, PIN-686 563.

4. SHINOY.P.V., AGED32YEARS, S/O.VISHNATHAN, PALLITHARA HOUSE, KUMARAKOM VILLAGE, KUMARAKOM (NORTH) P.O., KOTTAYAM, PIN-686 566.

5. SUMESH.M.M., AGED33YEARS, S/O.M.N.MOHANAN, MATTATHIL HOUSE, KUMARAKOM VILLAGE, KUMARAKOM (NORTH) P.O., KOTTAYAM, PIN-686 566.

6. RAJESH.A.N., AGED38YEARS, S/O.M.C.NARAYANAN, ATTUCHIRA HOUSE, KUMARAKOM VILLAGE, KUMARAKOM (NORTH) P.O., KOTTAYAM, PIN-686 566.

7. VINEESH.A.V., AGED25YEARS, S/O.A.K.VISHWAN, ANCHUPURAYACKAL HOUSE, ARPUKKARA VILLAGE, CHIPPUNKAL P.O., KARIMATTOM, KOTTAYAM, PIN-686 563.

8. SATHEESH KUMAR.V.T.,AGED33YEARS, S/O.V.V.THAMPI, VAZHEPPACHIL HOUSE, KUMARAKOM VILLAGE, KUMARAKOM (NORTH) P.O., KOTTAYAM, PIN-686 563.

9. PRASANTH.N.K., AGED30YEARS, S/O.KARUNAKARAN E.M., NALPATHILCHIRA HOUSE, KUMARAKOM VILLAGE, KUMARAKOM (NORTH) P.O., KOTTAYAM, PIN-686 563. Prv. W.P.(C).NO.21323/2013-M:

10. JAGADEESH, AGED29YEARS, VASUDEVAN, JAGADEESH BHAVAN, AYMANAM VILLAGE, CHIPPUNKAL P.O., KARIMATTOM, KOTTAYAM, PIN-686 563.

11. ANEESH.T.,AGED33YEARS, S/O.P.D.DAVID, PUTHENPARAMBIL HOUSE, KUDAVECHOOR P.O, VECHOOR VILLAGE, VACHADIKKARI, KOTTAYAM, PIN-686 144.

12. JANGLAL.K.P., AGED37YEARS, S/O.K.S.PURUSHOTHAMAN, RANJINI SADANAM, PARIPU VILLAGE, CHIPPUNKAL P.O., KARIMATTOM, KOTTAYAM, PIN-686 563.

13. BIJUMON.P.S., AGED29YEARS, S/O.SASI, PALAPARAMBIL HOUSE, KUMARAKOM VILLAGE, KUMARAKOM (NORTH) P.O., KOTTAYAM, PIN-686 566.

14. SUNU.K.S.,S/O. SUJARAPRIYON, KARIYIL HOUSE, KUMARAKOM VILLAGE, KUMARAKOM (NORTH) P.O., KOTTAYAM, PIN-686 566.

15. SAJEER K.S., AGED38YEARS, S/O.K.K.SALIKHAN, KARUKAPARAMBIL HOUSE, VECHOOR VILLAGE, KUDAVECHOOR P.O., VAIKOM, KOTTAYAM, PIN-686 144.

16. ABDUL JABBAR, AGED38YEARS, S/O.K.H.HASSAN, KARUKAPARAMBIL HOUSE, AYMANAM VILLAGE, CHEEPPUNKAL P.O., KOTTAYAM, PIN-686 563.

17. BINDU.P.V., AGED37YEARS, D/O.VIJAYAN, AMBALAKKADAVU VILLAGE, AYMANAM VILLAGE, CHEEPPUNKAL P.O., KOTTAYAM, PIN-686 563.

18. PREMAMOL.P.B., AGED33YEARS, D/O.BABY P.P., PUTHIYATTIL HOUSE, THIRUVARPPU VILLAGE, CHENGALAM P.O., KOTTAYAM, PIN-686 022.

19. SHYBIMOL.K.C., AGED37YEARS, D/O.K.C.SREEDHARAN, CHENNANKARICHIRA HOUSE, KUMARAKOM VILLAGE, KUMARAKOM (NORTH) P.O., KOTTAYAM, PIN-686 563.

20. SHEEJAMOL. A.P., AGED32YEARS, D/O.E.A.VIJAYAKUMAR, AASARYMATTOM COLONY, KUMARAKOM VILLAGE, KUMARAKOM (NORTH) P.O., KOTTAYAM, PIN-686 566. Prv. W.P.(C).NO.21323/2013-M:

21. SINDHU.P.K., AGED40YEARS, D/O.KUTTAN, AATUCHIRA HOUSE, KUMARAKOM VILLAGE, KUMARAKOM (NORTH) P.O., KOTTAYAM, PIN-686 566. BY ADVS.SRI.S.RANJIT (KOTTAYAM), SRI.GOKUL DAS V.V.H. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, DEPARTMENT OF AGRICULTURE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

2. KERALA AGRICULTURAL UNIVERSITY, HEAD OFFICE, VELLANIKKARA, THRISSUR, REPRESENTED BY ITS REGISTRAR, PIN-680 654.

3. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, HEAD OFFICE, VELLANIKKARA, THRISSUR, PIN-680 654.

4. ASSOCIATE DIRECTOR, REGIONAL AGRICULTURAL RESEARCH STATION, KERALA AGRICULTURAL UNIVERSITY, KUMARAKOM, KOTTAYAM, PIN-686 566.

5. ADMINISTRATIVE OFFICER, REGIONAL AGRICULTURAL RESEARCH STATION, KERALA AGRICULTURAL UNIVERSITY, KUMARAKOM, KOTTAYAM, PIN-686 566. R1 BY GOVERNMENT PLEADER SMT. LOWSY.A., R2 TO R5 BY SRI.BABU JOSEPH KURUVATHAZHA,S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0302-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. W.P.(C).NO.21323/2013-M: APPENDIX PETITIONERS' EXHIBITS: P1: COPY OF SELECT LIST DATED165.2013 ISSUED BY THE3D RESPONDENT. P2: COPY OF NOTIFICATION BEARING NUMBER E3/590/10 DATED165.2013 ISSUED ALONG WITH EXHIBIT P1. P3: COPY OF LETTER BEARING NO.E1/1527/06 DATED2412.2011 ISSUED BY THE5H RESPONDENT SHOWING THE AVAILABLE VACANCIES. P4: COPY OF LETTER BEARING NO.E1/1527/06 DATED58.2013 ISSUED BY THE5H RESPONDENT NARRATING THE DETAILS OF CASUAL LABOURERS AVAILED DURING THE PERIOD STARTING FROM JANUARY 2013 TILL JUNE2013 RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. C.K.ABDUL REHIM,J.

------------------------------- WP(C).NO. 21323 of 2013 --------------------------------- Dated this the 3rd day of February, 2014 JUDGMENT

The petitioners are persons included in Ext.P1 select list prepared and approved by the 2nd respondent University for appointment as Casual Labourers at the Regional Agricultural Research Station, Kumarakom, Kottayam. Ext.P1 select list is valid for a period of 3 years, starting from 16.5.2013. Grievance of the petitioners is that, despite inclusion of their name in the select list, respondents 4 and 5 are continuing with engagement of contract workers on casual basis against the sanctioned posts of Casual Labourers. The petitioners allege that, appointment of persons included in the select list being delayed with ulterior motive and the respondents are still hiring contract labourers. Hence the petitioners seek appropriate direction for appointment of the petitioners as WP(C).21323 /2013 2 Casual Labourers, out of Ext.P1 select list.

2. In a statement filed by the 3rd respondent it is mentioned that, finalisation of select list of Casual Labourers on the basis of Ext.P1 is in progress and it is bonafidely believed that appointment can be commenced within a period of three months. The above statement was filed on 17.12.2013. Learned counsel for the petitioners complaints that, despite lapse of 1 = months, no appointment is made till date.

3. By virtue of an interim order issued by this court on 17.12.2013 the respondents were restrained from engaging any Casual Labourers at the Research Centre in question, without giving preference to persons included in Ext.P1 list. The petitioners are also raising complaint that the respondents are violating such direction in the matter of engagement of casual labourers on contract basis.

4. Considering the undertaking made by the 3rd respondent that steps for appointment will be commenced WP(C).21323 /2013 3 within a time frame, this court is of the opinion that the writ petition can be disposed of by directing the respondents to make appointment of Casual Labourers out of Ext.P1 list, on the basis of its finalisation, at the earliest possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. C.K.ABDUL REHIM, JUDGE pmn/ WP(C).21323 /2013 4 WP(C).21323 /2013 5

Same Court & Year Kerala · 2014 Same Parties A.S.Sunil vs State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr.Justice C.K.Abdul Rehim