IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 26200 of 2011(Y) ------------------------------------ PETITIONER(S): ----------------------- NISHAT T.S, SPECIAL TAHSILDAR (LAND ACQUISITION) GENERAL, TIRUR, MALAPPURAM DISTRICT. BY ADVS. SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE COMMISSIONER OF LAND REVENUE, LAND REVENUE COMMISSIONERATE, THIRUVANANTHAPURAM – 695 001. R1 AND R2 BY GOVT. PLEADER SMT. N. SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 26200 of 2011(Y) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 TRUE COPY OF G.O DATED 6.5.88 EXT.P2 TRUE COPY OF THE ORDER DTD.27.02.1990 ISSUED BY THE DISTRICT COLLECTOR, TRIVANDRUM. EXT.P3 TRUE COPY OF THE ORDER DTD.14.06.1991 ISSUED BY THE DISTRICT COLLECTOR, TRIVANDRUM. EXT.P4 TRUE COPIES OF THE CERTIFICATES ISSUED TO PETITIONER BY THE PSC AND GOVERNMENT. EXT.P5 TRUE COPY OF THE LAW DEGREE CERTIFICATE OF THE PETITIONER. EXT.P6 TRUE COPY OF THE CASTE CERTIFICATE ISSUED TO THE PETITIONER. EXT.P7 TRUE COPY OF ORDER DTD. 26.10.2005 ISSUED BY THE GOVT. EXT.P8 TRUE COPY OF ORDER DTD. 2.3.2007 ISSUED BY THE 2ND RESPONDENT EXT.P9 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DTD.29.1.2011. EXT.P9(A) TRUE COPY OF THE RELEVANT EXTRACT OF THE PROVISIONAL SENIORITY LIST. EXT.P10 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DTD. 16.04.11. EXT.P10(A) TRUE COPY OF THE RELEVANT EXTRACT OF THE FINAL SENIORITY LIST. EXT.P11 TRUE COPY OF THE REPRESENTATION DTD.23.05.2011 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE DS K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 26200 OF 2011 ----------------------------------------------------------- Dated this the 3rd October, 2011. JUDGMENT The petitioner is working as the Special Tahsildar (LA) General, Tirur. According to the petitioner, he is entitled to the benefit of exemption under Rule 13A(1) (a) of the Kerala State & Subordinate Service Rules (KS & SSR for short) from passing the Revenue Test and his seniority is liable to be reckoned with effect from 6.5.1988, the date on which he entered service as a Lower Division Clerk. However, the above has not been done. Therefore, the petitioner has filed a representation evidenced herein by Ext.P11. He complains that no action has been taken on Ext.P11 till date. While issuing Ext.P9 provisional seniority list, though the petitioner's name was included, in Ext.P10 final seniority list the second respondent omitted the name of the petitioner. It was in the above circumstances Ext.P11 was submitted by the petitioner. 2. I have heard the learned Govt. Pleader also. 3. Since the petitioner has submitted his objections as evidenced herein by Ext.P11, it is sufficient that the same is WPC 26200/2011 2 directed to be considered and disposed of by the first respondent, without delay. 4. In the above circumstances this writ petition is disposed of directing the first respondent to consider the objections of the petitioner set out in Ext.P11 representation in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 26200/2011 3