IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WA.No. 1894 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.38264/2008 Dated 29/07/2009 .................... APPELLANT(S): RESPONDENTS 3 & 4 ------------------------- 1. ANU, KARUVILAMOODU, LMS JUNCTION, ATTINGAL, THIRUVANANTHAPURAM. 2. ANEESHKUMAR, KARUVILAMOODU, LMS JUNCTION, ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SMT.C.G.PREETHA RESPONDENT(S): PETITIONER & RESPONDENTS 1 AND 2 -------------------------- 1. KUMARI KALA K.S., D/O.LATE KARUNAKARAN NAIR, KALABHAVAN, PALUVALLI P.O., PACHA, THIRUVANANTHAPURAM. 2. THE GOVERNMENT OF KERALA, REP. BY ITS SECRETARY, FOREST DEPARTMENT, THIRUVANANTHAPURAM. 3. THE FOREST RANGE OFFICER, PALODE, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SRI. BENNY GERVASIS -R2 AND R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1894 OF 2009 --------------------------------------------- Dated this the 26th day of August, 2009 JUDGMENT Kurian Joseph, J. Respondents 3 and 4 in the Writ Petition are the appellants. The issue pertains to the claim for appointment under the dying in harness scheme. The learned Single Judge, after adverting to the contentions of the parties, directed the first respondent to take a decision in the matter after giving notice to both parties. The apprehension of the appellants is that in view of the observations and findings in the judgment, the first respondent therein may not be in a position to take an independent view. It is further contended that some of the contentions which are purely legal in nature cannot be considered by the first respondent. 2. We are afraid that there is no basis for such an apprehension. Since the learned Single Judge has directed the first respondent to consider the matter, the first respondent is bound to consider all the contentions taken by the parties and arrive at an independent decision. By way of W.A. NO. 1894/2009 2 abundant caution, we make it clear that the first respondent (the second respondent herein) will take a decision untrammelled by the observations and findings, if any, in the judgment under appeal. It is also made clear that the decision as above shall be taken only with notice to both sides. The Writ Appeal is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 1894/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A. NO.1894/2009 JUDGMENT 26th August, 2009