IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 21799 of 2010(Y) -------------------------- PETITIONER(S): --------------- O.DIVYA, D/O.THE LATE MR.SATHYAKUMAR, AGED 26 YEARS, RESIDING AT `DIVYA', HOUSE NO.59, CHEMBAKASSERY NAGAR, KESAVADASAPURAM, PATTOM P.O., TRIVANDRUM-695 004. BY ADV. SRI.S.JAMES VINCENT RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP.BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM-14. 3. THE ADDL.DIRECTOR GENERAL OF POLICE (INTELLIGENCE), SPECIAL BRANCH CID, POLICE HEAD QUARTERS, DO. 4. V.S.OMANA, D/O.V.K.SUBRAMANIAN, VELLANI HOUSE, RAPPAL P.O., PUDUKKADU, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680 301. BY GOVT. PLEADER SRI. ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.21799 OF 2010(Y) -------------------------------------------------- Dated this the 13th day of July, 2010 J U D G M E N T Prayer sought in this writ petition is for a direction to the respondents to offer employment to the petitioner on a compassionate grounds. It is seen that in O.S.No.163/2010 filed by the petitioner for partition of the property of the deceased father, petitioner has filed I.A.No. 517/2010 praying for mandatory injunction requiring the defendants in the suit to consent to the petitioner obtaining employment under the dying in harness scheme, which is ordered to be produced by the petitioner before the authorities concerned. So long as the said I.A. is pending and the civil court is seized of the matter, petitioner cannot move this court also for the same relief. Therefore the writ petition cannot be entertained 2. Be that as it may, having regard to the pendency of Ext.P9 I.A, it is directed that it will be open to the petitioner to move the Civil Court for getting the hearing of Ext.P1 I.A expedited. With that liberty to the petitioner, the writ petition is closed. (ANTONY DOMINIC) JUDGE vi/ WPC.No. /09 :2 :