IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 25449 of 2011(E) -------------------------- PETITIONER(S): --------------- D.UNNIKRISHNA PILLAI, EXECUTIVE ENGINEER HARBOUR ENGINEERING DEPARTMENT, HARBOUR ENGINEERING DIVISION, THIRUVANANTHAPURAM. BY ADVS. DR.K.P.SATHEESAN SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, FISHERIES AND PORTS (D) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE CHIEF ENGINEER, HARBOUR ENGINEERING DEPARTMENT, THIRUVANANTHAPURAM-33. BY GOVERNMENT PLEADER SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 25449 of 2011(E) -------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1 COPY OF THE GOVERNMENT ORDER G.O. (RT) NO.652/2009/F & PD DATED 19.10.2009. EXT.P2. COPY OF THE GOVERNMENT ORDER G.O. (RT) NO.366/2010/F & PD DATED 7.5.2010 EXT.P3. COPY OF THE PROCEEDINGS ISSUED BY THE PETITIONER DATED 5.2.2011 EXT.P4. COPY OF THE STATEMENT OF ACCOUNT SHOWING THE NET AMOUNT WITHHELD FROM THE CONTRACTOR EXT.P5. COPY OF THE ORDER G.O. (RT) NO.340/2011/F & PD DATED 19.4.2011 EXT.P6. COPY OF THE JUDGMENT DATED 17.5.2011 IN WPC NO. 12992/2011 EXT.P7. COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 23.5.2011. RESPONENT'S EXHIBITS : NIL ----------------------------------- / TRUE COPY / P.A. TO JUDGE VK C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.25449 of 2011 ---------------------------- Dated 26th September, 2011 JUDGMENT The petitioner is an Executive Engineer in the Harbour Engineering Department. He was placed under suspension as per Ext.P5 order dated 19.4.2011. Earlier, challenging the said order, the petitioner approached this Court by filing W.P.(C)No.12992 of 2011. The said writ petition was dismissed without prejudice to the right of the petitioner to avail the remedies under the Kerala Civil Services (Classification, Control & Appeal) Rules, 1960 (for short `the rules'). Thereupon, the petitioner preferred Ext.P7 representation before the first respondent. Since Ext.P5 order of suspension was passed by the Government, Ext.P7 could be considered only as a petition filed under Rule 10(6) of the Rules. Ext.P7 is dated 23.5.2011. This writ petition has been filed on being aggrieved by the delay in the matter of disposal of Ext.P7. As Ext.P7 is a petition filed under Rule 10(6) of the Rules the first respondent is bound to consider and pass appropriate orders thereon, in accordance with law. In the said circumstances, without making any observation as to the merits of the contentions raised in this writ petition and also in Ext.P7, this writ petition is disposed of with a direction to the first respondent to consider and pass appropriate orders on Ext.P7, in accordance with law. This shall be done WP(C).No.25449/2011 2 expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR Judge TKS