IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WA.No. 2517 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.18664/2009 Dated 16/10/2009 .................... APPELLANT(S): PETITIONER ------------------------ P.N.UNNI RAJAN S/O LATE P.K.NEELAMBARAN, DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE & ANTI CORRUPTION BUREAU, THRISSUR. BY ADVS. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENT(S): RESPONDENTS IN THE W.P. -------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. V.SUNIL KUMAR DEPUTY COMMANDANT, KAP II BATTALION, MUTTIKULANGARA, PALAKKAD. 4. A.KUNJUKUNJU, DEPUTY COMMANDANT, SRAF, KOLAPARAMBU, PANDIKKADU, KALAPPURAM. 5. C.SOPFI, DEPUTY COMMANDANT, WORKING AS CHIEF MARSHAL, KERALA LEGISLATIVE ASSEMBLY, PMG JUNCTION, THIRUVANANTHAPURAM. 6. K.K.PREMACHANDRAN, DEPUTY COMMANDANT, SAP BATTALION, PEROORKADA P.O.,THIRUVANANTHAPURAM. 7. ABDUL RASAK, DEPUTY COMMANDANT, KAP V.BATTALION, MANIYAR P.O., PATHANAMTHITTA. 8. K.UDAYA KUMAR, DEPUTY COMMANDANT, NOW WORKING AS AIDE DE CAMP TO HIS EXCELLENCY, THE GOVERNOR OF KERALA, RAJ BHAVAN, VELLAYAMBALAM,THIRUVANANTHAPURAM. 9. CYRIL C.VELLOOR, DEPUTY COMMANDANT, KAP III BATTALION, VADAKKEDATHUKAVU, ADOOR, PATHANAMTHITTA. 10. U.SHARAFALI, DEPUTY COMMANDANT, MSP BATTALION, MALAPPURAM. 11. UNWIN J.ANTONY, DEPUTY COMMANDANT ON DEPUTATION TO U.N.MISSION IN SUDAN, RESIDING AT T.C.12/339, PNRA 15, PUSHPANAGAR, PLAMOODU, PATTOM P.O., THIRUVANANTHAPURAM-4. BY GOVT. PLEADER SRI. ARAVIND KUMAR BABU T.K. -R1 AND R2 ADV. SRI. P.C. SASIDHARAN -10 SENIOR ADV. SRI. K.P. DANDAPANI -R7, R8, R9 ADV. SRI. S. SUJIN-R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2517 OF 2009 --------------------------------------------- Dated this the 19th day of November, 2009 JUDGMENT Kurian Joseph, J. The appellant is the writ petitioner. The writ petitioner approached this Court with the following prayer: “Issue a writ of certiorari, or any other writ, order or direction calling for the files leading to Exhibit P-1 proposal of the second respondent and quash the same since the proposal is illegal, unreasonable, irrational and violative of Articles 14 and 19 of the Constitution of India as regards the petitioner and others similarly situated.” 2. The learned Single Judge disposed of the Writ Petition with a direction to dispose of the representation. The learned Single Judge had also made certain observations in the judgment. Aggrieved, the appellant has come up in appeal. When the appeal came up before us, we directed the learned Government Pleader to get instruction as to whether the representation has been disposed of. The learned Government Pleader, on instruction, submits that the writ petitioner was afforded an opportunity for hearing by the Government on 3.11.2009 and the representation was disposed of on 13.11.2009. The learned counsel for the appellant submits W.A. NO. 2517/2009 2 that no order has been communicated to the appellant so far. 3. We direct the first respondent to communicate the order to the appellant/petitioner, if not already communicated, positively within one week from today. Needless to say, in case the appellant is aggrieved, it is for him to pursue his grievances in appropriate forum. In that view of the matter, we make it clear that we have not adverted to the contentions taken by the parties in the Writ Appeal and all the contentions are left open. The Writ Appeal is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2517/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A. NO.2517/2009 JUDGMENT 19th November, 2009 W.A. NO. 2517/2009 4