IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 4792 of 2010(Y) ------------------------- PETITIONER(S): --------------- B.ANAND RAJU, TOWN PLANNING OFFICER (UNDER SUSPENSION), THIRUVANANTHAPURAM. RESIDING AT AISWARYA, TC 9/1575 (2), CHEKKALAMUKKU, SREEKARYAM TRIVANDRUM. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY. 3. T.K.JOSE, ENQUIRY OFFICER AND MANAGING DIRECTOR, ROAD AND BRIDGES DEVELOPMENT CORPORATION, THIRUVANANTHAPURAM. ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE FOR R2 SRI.P.K.MANOJKUMAR FOR R2 SRI.VIJAYAKUMAR SRI. ANTONY MUKKATH, GOVERNMENT PLEADER FOR R1 SRI.M.VIJAYAKUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 4792 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2010 J U D G M E N T The petitioner was placed under suspension as per Ext.P5 order dated 6.2.2010 in connection with the mishap that led to the partial collapse of Uduppi Srinivas Lodge and loss of six lives. On 16.2.2010, notice before admission was issued to the respondents. The first respondent has filed a counter affidavit and the second respondent has filed a statement in this writ petition. When the matter was taken up for admission, the learned Senior Counsel appearing for the petitioner submitted that the petitioner is prepared to file a review petition before the Government within three days. Rule 35 of the Kerala Civil Services(Classification, Control and Appeal) Rules, 1960 provides for such a review petition. Therefore without making any observation as to the merits of the case, I am disposing of the Writ petition in the following manner:- The petitioner will be at liberty to file a review petition against Ext.P5 within three days. In view of the peculiar WPC.4792 of 2010 : 2 : circumstances involved in the matter which may require calling explanation from the part of the petitioner, it will only be appropriate that the petitioner is afforded with an opportunity of being heard. To facilitate such an opportunity the first respondent shall intimate the date fixed for hearing the review petition to the petitioner within a week from the date of receipt of the review petition. There will be further direction to the first respondent to consider the review petition, if any filed by the petitioner and to pass orders thereon expeditiously, within a period of two weeks. Sd/- (C.T. RAVIKUMAR, JUDGE) jma // true copy// P.A. To judge