IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 30796 of 2009(T) -------------------------- PETITIONER(S): --------------- 1. S.RAVI, SANKARAVILASOM, PONMANA P.O. CHAVARA, KOLLAM DISTRICT. 2. B.SREEKUMAR, ALAPPURATHU, PONMANA P.O. CHAVARA, KOLLAM DISTRICT. 3. G.VIJAYA KUMAR, THEKKEYATTATHU, PONMANA P.O. CHAVARA. 4. S.MOHANA KUMAR, PANDAKASALA KUNNEL, PONMANA P.O. CHAVARA. 5. VIJAYKUMAR.R, ANANDA BHAVAN, PONMANA P.O. CHAVARA, KOLLAM DISTRICT. 6. HARIDAS.R., YAYALISSERIL VADAKKATHIL, PONMANA P.O. CHAVARA. 7. S.ANILKUMAR, KUNNEL VEEDU, PONMANA P.O. CHAVARA. 8. R.PRAHALADAN, KOCHU PADEETTATHIL VEEDU, PONMANA P.O. CHAVARA. BY ADV. SRI.O.D.SIVADAS SRI.S.SUNIL NARAYANAN RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, KERALA MINERALS AND METALS LTD (KMML), CHAVARA, KOLLAM. 2. THE GENERAL MANAGER, M S UNIT, KERALA MINERALS AND METALS LTD (KMML), CHAVARA, KOLLAM. /2/ 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES, GOVT.SECRETARIAT, THIRUVANANTHAPURAM 4. THE DISTRICT COLLECTOR, KOLLAM. ADV. M/S.B.S.KRISHNAN ASSOCIATES, SC. KMML FOR R1 & R2 SRI.K.ANAND (A.201) FOR R1 & R2 SMT.LATHA KRISHNAN FOR R1 & R2 BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.30796 OF 2009 (T) -------------------------------------------------- Dated this the 6th day of November, 2009 J U D G M E N T Petitioners claim to be the land acquisition evictees, consequent on the acquisition for the purpose of the first respondent. According to the petitioners by Exts.P1 and P2, the company has agreed to give them preference in the matter of employment. It is also their case that since 2000 they were working under the contractor engaging by the company. 2. Ext.P4 is a vacancy notification issued by the company, for the post of Junior Technicians. Among others land acquisition evictees are also included as eligible candidates. Going by the notification itself the age limit prescribed is between 18 ad 38. Petitioners submitted that they made Exts.P5 to P12 applications in response to Ext.P4. In this writ petition they submit that their applications are not likely to be considered and that appropriate directions should be issued requiring consideration of the said applications. 3. It is the case of the petitioners that having regard to the conditions that are agreed to by the company, the company WPC.No.30796 /09 :2 : cannot insist on the upper age limit that they fixed, in the case of petitioners. But however what is to be noticed is that neither in Ext.P1 or in any other records produced by the petitioner, any commitment is made by the company that they will not insist on upper age limit as afar as the land acquisition evictees are concerned. In such circumstances the petitioners should satisfy the age limit prescribed by the company. Admittedly they are over aged. If that be, the relief as sought for by the petitioner cannot be granted to the petitioner. Writ petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/