IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 WP(C).No. 13752 of 2010(T) -------------------------- PETITIONER(S): --------------- P.VIJAYAKUMAR, REVENUE DIVISIONAL OFFICER, THIRUVALLA, (UNDER SUSPENSION), RESIDING AT PALOLIKUZHIYIL HOUSE, P.O.KOLABHAGAM, (VIA) THADIYOOR, THIRUVALLA. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, PATHANAMTHITTA. BY G.P.SRI.ARAVIND KUMAR BABU.T.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.13752 of 2010 ---------------------------- Dated 23rd April, 2010 JUDGMENT The petitioner who was working as Revenue Divisional Officer at Thiruvalla was placed under suspension by Ext.P1 Government order dated 19.1.2010 pending disciplinary action. Immediately thereafter he filed Ext.P7 representation before the Government requesting the Government to review the order of suspension and to reinstate him in service. This writ petition was filed on 22.4.2010 challenging Ext.P1 order and seeking reinstatement in service. The petitioner also seeks a direction to the Government to consider Ext.P7 representation and pass orders thereon within a time limit to be fixed by this Court. 2. Ext.P1 order of suspension was passed on 19.1.2010 and it has taken effect. Nearly three months have passed thereafter. Under rule 10(6) of the Kerala Civil Services (Classification, Control and Appeal) Rules, the authority which passed the order of suspension is competent to revoke the order of suspension and to order reinstatement in service. The petitioner has in Ext.P7 representation invoked the said power of the Government and WP(C).No.13752/2010 2 requested the Government to reinstate him in service. Now that the order of suspension has taken effect and nearly three months have passed thereafter, I am of the opinion that the petitioner should pursue Ext.P7 instead of seeking the intervention of this Court at this stage. I accordingly dispose of this writ petition with a direction to the Government to consider the request made by the petitioner in Ext.P7 representation and take an appropriate decision thereon expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment along with a copy of the writ petition complete in all aspects before the Principal Secretary to Government, Revenue Department. The Government shall before taking a decision in the matter afford the petitioner a reasonable opportunity of being heard. P.N.RAVINDRAN Judge TKS