Thomas Joseph vs the Director General

Thomas Joseph vs The Director General

Type Court Judgment Court Kerala Decided Apr 07, 2022

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https://sooperkanoon.com/case/1440224

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Citation: sooperkanoon.com/1440224
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Apr 07, 2022
Case Number: WP(C)/235/2022

Parties & Advocates

Appellant / Petitioner

Thomas Joseph

Respondent

The Director General

Excerpt

.....the additional 4th respondent within three weeks from the date of receipt of a copy of this judgment.2. the additional 4th respondent is directed toconsider the representation received from the 1st respondent and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and the additional 3rd respondent, as expeditiously as possible, at any rate, within two months from the date of receipt of the representation from the 1st respondent.3. all the contentions of the petitioner and theadditional 3rd respondent in this writ petition are left open. sd/- p.v.kunhikrishnan jv judge appendix of wp(c) 235/2022 petitioner exhibits exhibit.p.1 true scanned copy of the order in i.a.no.2960 of 2019 in o.s.no.443 of 2019, dated 01-11-2019 of the principal munsiff’s court, cherthala exhibit.p.2 true scanned copy of the order in c.m.a.no.26/2019, dated 07-12-2019 of the subordinate judge, cherthala exhibit.p.3. true scanned copy of the certificateof approval granted by the 1st respondent dated 04-12-2017 along with the no objection certificate for renewal, dated 10-10-2021 exhibit.p.4. true scanned copy of the email sent by the petitioner to the 1st respondent on 15-12-2021, copy of which was provided to the counsel for the petitioner respondent exhibits exhibit r3(1) the true copy of the no objection certificate no.c 334/2020 dated 20.10.2020 issued by the station officer, fire and rescue station, cherthala. exhibit r3(2) the true copy of the application for renewal dated 06.10.2021 file d by the petitioner.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944 WP(C) NO. 235 OF 2022 PETITIONER: THOMAS JOSEPH, AGED 57 YEARS RESIDING AT LEMON VILLA, CHERTHALA NORTH VILLAGE, CHERTHALA P.O., ALAPPUZHA, PIN - 688524 BY ADVS. P.B.SAHASRANAMAN T.S.HARIKUMAR G.N.DEEPA RESPONDENTS:
1 THE DIRECTOR GENERAL KERALA FIRE AND RESCUE SERVICES, DEPARTMENT OF KERALA FIRE AND RESCUE SERVICES, HEADQUARTERS, FIRE FORCE JUNCTION, PULIMOODU P.O., THIRUVANANTHAPURAM-695 001. 2 KOSHY JOSEPH AGED 55 YEARS , S/O.JOSEPH KOSHY, RESIDING AT LEMON VILLA, CHERTHALA NORTH VILLAGE, CHERTHALA P.O., ALAPPUZHA-688 524. ALAPPUZHA, PIN - 688524 3 ADDL.R3. BEN JOSEPH KOSHY AGED 29 YEARS S/O.KOSHY JOSEPH, LEMON VILLA, CERTHALA P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT.
ADDL.R3 IS IMPLEADED AS PER ORDER DATED 14.02.2022 IN IA NO.1/2022. ADDL.R4 REGIONAL FIRE OFFICER, FIRE AND RESCUE SERVICES, KOTTAYAM - 686 01

IS SUO MOTU IMPLEADED AS ADDL.R4 AS PER ORDER

DATED 07.14.2022 BY ADV K.RAMANADHAN SMT.VIDYA KURIAKOSE, GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

-------------------------------- W.P.(C).No.235 of 2022 ---------------------------------------------- Dated this the 07th day of April, 2022

JUDGMENT

This writ petition is filed with following prayers: i. To issue a writ of certiorari calling for the records leading No Objection Certificate for renewal, dated 10.10.2021 Exhibit P.3 and quash the same. ii. Such other relief’s which this Hon’ble Court deems fit and necessary in the circumstances of the case and the cost of this case. (SIC)

2. When this writ petition came up for consideration,

the matter was referred for mediation and it is reported by both sides that the matter is not settled. Therefore the learned counsel for the petitioner limits his prayer for disposal of Ext.P4. The learned Government Pleader submitted that Ext.P4 is pending before the 1 st respondent and the competent authority to consider the same is the additional 4th respondent.

3. In such circumstances, there can be a direction to

the 1st respondent to forward the representation to the additional 4th respondent and the additional 4 th respondent can be directed to consider the same within a time frame, after giving an opportunity of hearing to the petitioner and the additional 3rd respondent. Therefore, this writ petition is disposed of in the following manner:

1. The 1st respondent is directed to forward Ext.P4 to the additional 4th respondent within three weeks from the date of receipt of a copy of this judgment.

2. The additional 4th respondent is directed to

consider the representation received from the 1st respondent and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and the additional 3rd respondent, as expeditiously as possible, at any rate, within two months from the date of receipt of the representation from the 1st respondent.

3. All the contentions of the petitioner and the

additional 3rd respondent in this writ petition are left open. sd/- P.V.KUNHIKRISHNAN JV JUDGE APPENDIX OF WP(C) 235/2022 PETITIONER EXHIBITS Exhibit.P.1 TRUE SCANNED COPY OF THE ORDER IN I.A.NO.2960 OF 2019 IN O.S.NO.443 OF 2019, DATED 01-11-2019 OF THE PRINCIPAL MUNSIFF’S COURT, CHERTHALA Exhibit.P.2 TRUE SCANNED COPY OF THE ORDER IN C.M.A.NO.26/2019, DATED 07-12-2019 OF THE SUBORDINATE JUDGE, CHERTHALA Exhibit.P.3. TRUE SCANNED COPY OF THE CERTIFICATE

OF APPROVAL GRANTED BY THE 1ST RESPONDENT DATED 04-12-2017 ALONG WITH THE NO OBJECTION CERTIFICATE FOR RENEWAL, DATED 10-10-2021 Exhibit.P.4. TRUE SCANNED COPY OF THE EMAIL SENT BY THE PETITIONER TO THE 1ST RESPONDENT ON 15-12-2021, COPY OF WHICH WAS PROVIDED TO THE COUNSEL FOR THE PETITIONER RESPONDENT EXHIBITS Exhibit R3(1) THE TRUE COPY OF THE NO OBJECTION CERTIFICATE NO.C 334/2020 DATED 20.10.2020 ISSUED BY THE STATION OFFICER, FIRE AND RESCUE STATION, CHERTHALA. Exhibit R3(2) THE TRUE COPY OF THE APPLICATION FOR RENEWAL DATED 06.10.2021 FILE D BY THE PETITIONER.

Same Court & Year Kerala · 2022 Same Parties Thomas Joseph vs The Director General Same Judge Honourable Mr. Justice P.V.Kunhikrishnan