IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WA.No. 1235 of 2009 -------- ----------------------------- AGAINST THE JUDGEMENT IN OP.28375/2001 Dated 09/01/2009 .................... APPELLANT//: PETITIONER ------------------- BABU M.S., MULAKKAKUDY HOUSE, NEDUNGAPRA P.O., VIA KURUPPAMPADY, ERNAKULAM DISTRICT, PIN - 683 545. BY ADV. SRI.GEORGE SEBASTIAN & SRI.BYJU KURIAKOSE RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. K.P.S.C., REP. BY SECRETARY, O/O THE KPSC, PATTOM, TRIVANDRUM - 4. 3. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, TRIVANDRUM. 4. PRINCIPAL, GOVERNMENT POLYTECHNIC, KALAMASSERY, ERNAKULAM DISTRICT. 5. M.S.BABU, MULACKAKUDY HOUSE, NEDUNGAPRA P.O., VIA KURUPPAMPADY, ERNAKULAM DISTRICT. PIN 683 545. 6. SUPERINTENDENT OF GOVERNMENT PRESS, THIRUVANANTHAPURAM 7. CHIEF ENGINEER AND IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM R1, 3, 4, 6 & 7 by GOVT. PLEADER SMT. R. BINDU. R2 BY STANDING COUNSEL SRI. ALEXANDER THOMAS. R5 BY ADV. SRI. T.A. SHAJI. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. ------------------------------------ W.A. No. 1235 of 2009 ------------------------------------ Dated, this the 23rd day of June, 2009 JUDGMENT Balakrishnan Nair, J. The appellant is the petitioner in the Original Petition. The Original Petition was filed seeking a direction to respondents 1 to 3 to take appropriate action on Exts.P2 and P3 representations filed by him on 30.10.1999. The case of the appellant highlighted in those representations was that the 5th respondent, whose name and address are identical to that of the appellant, impersonated him and joined as Overseer Gr.III in P.W.D. on the advice of the P.S.C.. The applications for the said post was invited by the P.S.C. in 1987. The appointments were made in 1990. At the relevant time, the appellant was abroad. After a lapse of about ten years, the appellant, for the first time, raised a complaint that, in fact, it was he who was appointed, but the 5th respondent impersonated him and got the job. Alleging that no action was taken on his representations, the original petition was filed. WA No.1235/09 - 2 - The 5th respondent denied every allegation raised against him. The learned Single Judge called for the records, examined them with reference to the allegations made by the appellant and found that they are not sustainable. Learned Single Judge also noted that the 5th respondent was having superior qualifications when compared to the appellant and therefore, the chances of the P.S.C. selecting the appellant in preference to the 5th respondent were remote. Based on the finding that the appellant failed to prove anything against the 5th respondent, the Original Petition was dismissed. Feeling aggrieved, the appellant has preferred this appeal challenging the judgment of the learned Single Judge. 2. We heard learned counsel for the appellant. We went through the judgment of the learned Single Judge and also through the materials on record. We notice that, the view taken by the learned Single Judge which we have noticed above, is definitely a plausible view, on the facts of WA No.1235/09 - 3 - the case. Learned Single Judge has given convincing reasons for the conclusions arrived at in the judgment under appeal. The delay itself was sufficient to dismiss the writ petition. The superior qualifications of the contesting respondent rule out the possibility of the selection of the appellant in preference to him. The difference in the signatures of the contesting respondent has been explained by him satisfactorily. We agree with the reasons and conclusions of the learned Single Jude. We, therefore, find no reason to interfere with them in this appeal. Accordingly, the writ appeal fails and it is dismissed. Sd/- K. BALAKRISHNAN NAIR, JUDGE. Sd/- C.T. RAVIKUMAR, JUDGE. DK. (True copy)