IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 38025 of 2008(B) ------------------------------------ PETITIONER(S): ----------------------- E.NARAYANAN, WORK SUPERINTENDENT OVERSEER, THALIPARAMBA MUNICIPALITY, P.O.TALIPARAMBA, KANNUR DISTRICT. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS THIRUVANANTHAPURAM. 4. THALIPARARMBA MUNICIPALITY REPRESENTED BY THE SECRETARY THALIPARARMBA MUNICIPALITY THALIPARARMBA . BY GOVT. PLEADER MR.ANTONY MUKKATH ADV. MR.P.V.SURENDRANATH FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.38025/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 2.7.99. P2:- COPY OF THE PROCEEDINGS OF TALIPARAMBA MUNICIPALITY. P3:- COPY OF THE PROCEEDINGS DT. 24.11.07. P4:- COPY OF THE PROCEEDINGS DT. 20.9.07. P5:- COPY OF THE PROCEEDINGS DT. 19.8.99. P6:- COPY OF THE ORDER DT. 19.4.01.. P7:- COPY OF THE REPRESENTATION DT. 5.12.08 FILED BEFORE THE IST RESPONDENT. P8:- COPY OF THE REPRESENTATION DT. 5.12.08 FILED BEFORE THE 2ND RESPONDENT. P9:- COPY OF THE NATIONAL TRADE CERTIFICATE. TRUE COPY P.A. TO JUDGE TSS P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.38025 of 2008 -------------------------------------- Dated 27th May, 2009 JUDGMENT Heard Sri.Kaleeswaram Raj, the learned counsel appearing for the petitioner, Sri.Antony Mukkath, the learned Government Pleader appearing for respondents 1 and 2 and Sri.P.V.Surendranath, the learned Standing Counsel appearing for the third respondent. 2. The petitioner who is presently working in the Thaliparamba Municipality has filed this writ petition claiming regularisation in service. The petitioner claims that he has been continuously working in the Thaliparamba Municipality from 2.7.1999 onwards and that by reason of his long and continuous service, he is entitled to regulatisation in service. The Thaliparamba Municipality has filed a counter affidavit contesting the petitioner's entitlement for such regularisation. 3. The pleadings and the materials disclose that before the Government could take a decision in the matter, the petitioner has rushed to this Court seeking the intervention of this Court for regularisation of his service. On going through the pleadings and after hearing the submissions made at the Bar, I am of the opinion that the petitioner should move the Government before seeking the WP(C).No.38025/2008 2 intervention of this Court. Though the petitioner has filed a representation evidenced by Ext.P7 before the Government, it does not appear to be complete for the reason that the petitioner has not produced many of the documents relied on by him along with the said representation. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appropriate representation along with copies of the documents relied on by him before the Secretary to Government, Local Self Government Department within one month from today, the Secretary to Government shall within three months thereafter consider the same and pass orders thereon after notice to and ascertaining the views of the Thaliparamba Municipality. In order to enable the Thaliparamba Municipality to make their stand clear, the Secretary to Government shall furnish to the Thaliparamba Municipality, a copy of the representation submitted by the petitioner together with all its enclosures. This shall be done within two weeks from the date on which the petitioner moves the Government as aforesaid. The petitioner shall besides the original of the representation also furnish two additional copies of the representation to the Secretary to Government complete in all respects. The Government shall after hearing both sides, pass an order WP(C).No.38025/2008 3 giving reasons and communicate copies thereof to the petitioner and the Thaliparamba Municipality. Till such time and for a period of two weeks thereafter, the status quo as on today as regards the employment of the petitioner shall be maintained. P.N.RAVINDRAN Judge TKS